REDACTED SO-21-002 SSJ IMECO Field Service Support iHVAC Repair ASD_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 14 September 2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS ALAN SHEPARD PR Number(s): N2319302594001

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 parts: TRIDENT MARINE, IMECO DIVISION, FIELD SERVICE SUPPORT iHVAC REPAIRS

a) the name of the required source or brand name

TRIDENT MARINE, IMECO DIVISION

b) the required delivery date/period of performance and

4/27/2021 – 5/25/2021

c) its intended use.

To conduct onboard repair and testing of Trident Marine, IMECO Division iHVAC Heating, Ventilation, and Air Conditioning System

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

TRIDENT MARINE, IMECO DIVISION

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

ON THE FOLLOWING (select all that apply):

A. __X___ Only one responsible 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.

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_ TRIDENT MARINE, IMECO DIVISION OWNS THE PROPRIETARY RIGHTS TO THE

DRAWINGS OF THE MATERIAL.

b. If drawings are included, who is identified as “owning” the drawings.

_ TRIDENT MARINE, IMECO DIVISION

2. __X___ 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.

TRIDENT MARINE SYSTEMS, IMECO DIVISION IS THE OEM FOR THE iHVAC SYSTEM

ON THE T-AKE CLASS. PROPER KNOWLEDGE AND SKILL FROM THE OEM IS

REQUIRED TO SATISFACTORILY SUPPLY THE REQUIRED HEATING COILS FORM FIT

AND FUNCTION TO PREVENT COSTLY RETROFIT OF HEATING UNITS THAT ARE

NOT PLUG AND PLAY. IN ADDITION, TRIDENT MARINE SYSTEMS, IMECO DIVISION

IS THE ONLY COMPANY WITH THE REQUISITE KNOWLEDGE, SKILLS, AND

PROPRIETARY SOFTWARE TO SAFELY AND SUCCESSFULLY TROUBLESHOOT AND

REPAIR THE IHVAC SYSTEM. ANY DEVIATIONS FROM OEM DIAGNOSIS, REPAIRS,

OR TESTS COULD RESULT IN HABITABILITY ISSUES THAT WILL RENDER THE SHIP

C-4.

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: The Trident Marine, IMECO Divisions iHVAC system provides Heating Ventilation, and Air Conditioning to mission critical spaces as well as Habitability spaces required to maintain operational readiness. Only certified Trident Marine, IMECO Division original equipment certified field service technicians are authorized/capable to perform troubleshooting and repair of the installed iHVAC system. Failure to provide certified/competent service technicians can cause severe damage to the ventilation system that could result in rendering the ship uninhabitable and loss of all mission capability (C-4).

b. __X___ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s): TRIDENT MARINE, IMECO DIVISION iHVAC TALT 319

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ii. Identify other vessels with this Make / Model:

T-AKE CLASS

c. _____ 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:

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

d. __X___ OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. T-AKE Seawater and Firemain Valves require unique technical dimensions to properly fit onboard; only the OEM is authorized to provide valves to suit, and match existing form fit and function. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification for maintenance.

4. _____ UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified: ______________________________

b. Required delivery date / Period of Performance: _____________________________

c. If the difference between a. and b. is more than one week, explain the delay in submitting t he requirement.

d. Estimated production lead time: ______________________________

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: