Redacted Other than Full and Open Memo_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 04APR2025

MEMORANDUM

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): ERP# 1301244907/ REQ# N2372650944129

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. Provide a description of the item or service required, to include SEA VALVES

a) the name of the required source or brand name

NIBCO

b) the required delivery date/period of performance and

9/30/2025

c) its intended use.

REQUIRED TO REPLACE EXISTING SW COOLING VALVES DURING THE ROH/DD

AVAILABILITY.

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. __X___ BRAND NAME LIMITED SOURCE (select all that apply):

1. _X__ RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

a. Explain what is subject to the restrictive rights.

NIBCO owns the proprietary rights to the drawings of the material and will sell only direct or to authorized distributors.

b.

2 Ver 2.0 (01 July 2018)

NIBCO

2. ___ EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is ONLY ONE authorized distributor or technical representative for the OEM.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

b. Identify the distributor / authorized technical representative for the item or service.

Provide evidence of the exclusive licensing agreement as an attachment to this document.

(NOTE: If there is more than one distributor / authorized technical representative, then use Part B Brand Name.)

3. X OTHER REASON:

a. X CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

i. SMS Procedure Number: 10.6-002-ALL

ii. Describe how it applies to the critical piece of equipment: ENSURES THAT

VESSEL EQUIPMENT IS MAINTAINED IN ACCORDANCE WITH

ORIGINAL EQUIPMENT MANUFACTURER (OEM)

RECOMMENDATIONS, MSC POLICY AND REGULATORY BODY

REQUIREMENTS. SALT WATER COOLING SYSTEM PROVIDES

COOLING WATER TO ALL CRITICAL ENGINEERING SYSTEMS TO

SYSTEM WOULD

NOT OPERATE PUTTING THE VESSEL AT RISK IN VIOLATION OF

THE ABS AND USCG REGULATIONS.

b. STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the additional units or replacement items.

i. Identify Make / Model Number(s):

ii. Identify other vessels with this Make / Model:

c. X FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment: NIBCO NLD2000520

iii. Describe how the equipment must be compatible with the existing configuration.

Different valves have different face to face dimensions keeping with the same make and model will reduce the need to modify the piping upon installation

d. X OTHER: