REDACTED SSJ - CS CONTROL - SIGNED.pdf

Date: OCTOBER 21, 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N4098B-3299-S199/ USNS JOHN L CANLEY

I. BACKGROUND:

I. In considering the references, FAR 13.106- 1 (b)(l)(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:

I. Provide a description of the item or service required, to include

a) the name of the required source or brand name

MOTOR ASSY, HYDRAULIC

b) the required delivery date/period of performance and

DECEMBER 28, 2023

c) its intended use.

To effectively operate the ship's Emergency d iesel generator, in suwlying electrical power to the vessel in the event of a loss of power

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

CS CONTROLS

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

ON THE FOLLOWING (select all that apply):

A _ _ Only one responsible source (select all that apply):

I. __ 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. If drawings are included, who is identified as "owning" the drawings.

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PR#; 1301124581

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

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

The OEM for the MOTOR ASSY HYDRAULIC is Cummins Inc and the distributor is CS Controls (Supreme Intergrated Technology Inc). Any substitution or deviation from the listed component would be incompatible with the ship's Emergency Diesel Generator, resulting in a waste of government funds as well as technical man-hours

b. __ Identify the distributor I 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 I 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:

b. _ X_ STANDARDIZATION I 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):

KH25R.003S

ii. Identify other vessels with this Make/ Model: ALL MSC T-ESB, T-AKE, T

AOE, T-AO CLASS VESSELS

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. NIA 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

Ver 2.0 (01 July 2018) george.dekle Pencil replacement parts. The OE\1 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 lo limit the number of sources from which il solic its. Urgent requirements are suppl ies or services that wi ll 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:

OCTOBER 2 1, 2023

b. Required delivery date/ Period of Performance:

DECEMBER 28, 2023

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:

e. Explanation of why delivery/ commencement of services by the date required is needed: (explain the impact lo the mission, any special c ircumstances or condi tions, etc.)

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $15,534.60

V. CERTIFICATIONS AND APPROVALS:

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

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Higher (Suppo / SPE / ASPE) / Date

Contract Specialist/ Date

Contracting Officer I Date

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