Redacted_SAP Non-Competitive Procurement Justification_ISEA ABS Training.pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM:

CODE: 8313

TO: Code 02 SUBJECT: ISEA ABS Training SAP Non-Competitive Procurement Justification Memo

I. BACKGROUND

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available.

2. FAR 8.405-6 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer

3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), this memorandum explains the absence of competition for this acquisition, as 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 (Include manufacture/sole source name and address.)

ABS Training Solutions to provide a qualified instructor to teach up to 15 students in maritime investigations, root cause analysis, risk assessment, and hull inspections. There is options to provide a total of 6 classes on these subjects. These classes are essential to providing and maintaining a high level of in-service agents knowledge and to implement training standards. Base price is with additional options cost of making the total estimate price with options with travel costs.

MANUFACTURER: ABS Training Solutions, North America ADDRESS: 1701 City Plaza Drive Spring, Texas 77389 USA

PHONE: 504-444-3987

POC: Mr. Merwyn R. Oliveria moliveria@eagle.org

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

Required Delivery Date: First Class starts on April 2026

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

ABS Training Solutions represents the only viable source for providing comprehensive code training to our in-service engineers due to their unique position as the authoritative developer and maintainer of the maritime classification standards our team must implement. As the original authors of these complex engineering codes, ABS possesses unparalleled expertise in both the technical content and practical application methodologies that cannot be replicated by alternative training providers. Their training programs offer direct access to proprietary interpretations, unpublished guidance documents, and real-world case studies drawn from decades of classification experience, ensuring our engineers receive the most current and accurate instruction available.

Utilizing ABS as our sole training provider eliminates the significant risks associated with code misinterpretation, reduces potential liability exposure, and prevents costly project delays that could result from inadequate or incorrect training from less qualified sources. Furthermore, the immediate implementation capability, industry-recognized certification value, and ongoing technical support provided exclusively by ABS delivers superior

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025 return on investment compared to alternative solutions, while ensuring our engineering team maintains the highest standards of regulatory compliance and technical competency required for our operations.

A. BRAND NAME. The item required must be a brand name product, or feature of a product, particular to one manufacturer.

1. Restrictive Rights. The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

2. Exclusive Licensing Agreements. The item or service is only available from the Original Equipment Manufacturer (OEM).

3. Federal Supply Schedule (FSS) IAW FAR 8.405-6(b).

4. Other Reasons.

B. SOLE SOURCE. (select all that apply)

1. Restrictive Rights. The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

ABS maintains comprehensive proprietary rights including copyrights, trade secrets, and intellectual property protections over their classification rule training materials, technical interpretation methodologies, and instructional content related to their marine and offshore engineering codes. These restrictive rights encompass the specialized pedagogical frameworks, case study databases, technical calculation methods, and regulatory interpretation guidance that form the core of effective code training. The proprietary nature of these materials makes them available exclusively from ABS, as no other organization possesses the legal right to access, reproduce, or teach from these protected resources. Market research confirms that alternative training providers can only offer generic engineering education or basic regulatory overviews that lack the specific ABS code interpretations, practical application techniques, and authoritative technical guidance essential for our engineers' compliance responsibilities. Other companies' training products cannot be modified to meet our needs because they are legally prohibited from incorporating ABS proprietary content and lack access to the confidential technical databases and unpublished guidance documents that constitute the foundation of comprehensive ABS code competency.

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.

The American Bureau of Shipping (ABS) serves as both the Original Equipment Manufacturer of their classification codes and the exclusive provider of authorized training on these standards, operating under licensing agreements that prohibit sublicensing or redistribution of their training content to third-party organizations. ABS maintains this exclusive arrangement to ensure quality control, technical accuracy, and regulatory compliance in the delivery of their specialized training programs. Market research reveals that while other maritime training organizations offer general engineering courses, none possess the exclusive licensing required to deliver authentic ABS code training, nor do they have access to the proprietary technical content, current rule interpretations, and classification expertise that defines legitimate ABS training. Alternative