Redacted SOLE SOURCE FORM N231954049W613.pdf

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Date: 21 MAR 2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS ROBERT E PEARY (T-AKE 5) PR Number(s): N231954049W613

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

PROPULSION DIESEL ENGINE (MDE) 2P

a) The name of the required source or brand name:

FAIRBANKS MORSE, LLC

b) The required delivery date/period of performance and:

23 MAY 2025

c) Its intended use:

REPAIR PARTS FOR PROPULSION DIESEL ENGINE (MDE) 2P

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_ 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:

b. FAIRBANKS MORSE, LLC OWNS PROPRIETARY RIGHTS TO THE

DRAWINGS OF THE MATERIAL.

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

2. _N/A 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. 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:

Fire Detection System equipment is included on the list of critical equipment to the ESB class under Damage Control Equipment section.

b. X STANDARIZATION / 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):

FAIRBANKS MORSE, LLC / MFR ID-12V48/60CR-CCW

ii. Identify other vessels with this Make / Model:

T-AKE 5

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:

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

d. _N/A OTHER: Other reasons not identified above: MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts. The OEM rep has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment.

4. _ _X 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: 18 FEB 2024

b. Required delivery date / Period of Performance: 23 MAY 2025

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

DELAYED DUE TO TECHNICAL RESEARCH.

d. Estimated production lead-time: 295 DAYS

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.)

Fuel oil return hose and valve is needed for safe operations of the #4 engine. If parts is delivered late, it could affect engine operations placing the vessel one step closer to a c-3.

vessel is schedule for a deployment and speedy delivery will ensure the vessel will be able to meet its commitment.

f. CASREP Number: 23004

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT: $61,372.67

V. CERTIFICATIONS AND APPROVALS:

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ASANTE.ABRAH Digitally signed by

ASANTE.ABRAHAM.N.1384

AM.N.1384905524 905524

Date: 2024.03.23 16:01:55 Z

MCMILLAN.BRA Digitally signed by

NDON.R.128621 MCMILLAN.BRANDON.R.12

86216923 Date: 2024.03.22 14:47:35 Z_

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Requester Signature / Date

Level Higher (SUPPO / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date