REDACTED SSJ.pdf

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Date: ___12/30/2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): REQ# N2319943654015 / ERP# 1301215789

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

a) the name of the required source or brand name

Cornell-Carr Co., Inc.

626 Main St.

Monroe, CT 06468 Manufacturer Phone #: (203) 261-7495 chrisn@cornellcarr.com Chris Neal

b) the required delivery date/period of performance and

RDD: 09/30/2025

c) its intended use.

REQUIRED FOR WINDOW PANEL REPLACEMENT MAINTENANCE

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

Cornell-Carr Co., Inc.

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):

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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.

Cornell-Carr Co., Inc. HOLDS THE PROPRIETARY DWG AND THE

REPLACEMENT WINDOW PANEL WITH TOLERANCE INFORMATION

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

Cornell-Carr Co., Inc

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. THE PILOT HOUSE WINDOW PANEL SYSTEM IS A CRITICAL

ELEMENT OF THE SHIPS NAVIGATION SYSTEM. THE WINDOW

PANELS ARE REQUIRED TO BE MAINTAINED AND THE HEATED

WINDOW PANEL IS SPECIFICALLY DESIGNED WITH CRITICAL

TOLERANCES FOR PROPER OPERATION.

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): Cornell-Carr Co., Inc. / Part No. CC-

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ii. Identify other vessels with this Make / Model: THE ENTIRE TAKE CLASS

SHIP; SHIP’S 1-14.

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:

Cornell-Carr Co., Inc. / Part No. CC-774-1 3 _

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

The CC-774-1 HEATED GLASS PANEL WITH GASKET FOR WDW CC- 10110-1 originally installed onboard the T-AKE Class as part of the initial build, contain components which are only supported by the manufacturer.

CC-774-1 heated glass panel with gasket, 61-1/2 x 49-3/4 x ½ as used in window CC-10110-1.

d. __X__ OTHER:

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.

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: 2 OCT 2024

b. Required delivery date / Period of Performance: 09/30/2025

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

Requirement was determined during while developing the FY26 MPR MTA Work Package.

Material will need to be acquired for upcoming overhaul availability in FY26. Due to 52 WEEK LLTM MSC requires replacement material procurement at this time, in order to obtain replacement panel and parts that are utilized for repairs. _

d. Estimated production lead time: 52 weeks

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.)

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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. __

f. CASREP Number: __ NA___

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: ____ $46,500.00 _____

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 the best of my knowledge and belief.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

____________________________________ Contracting Officer / Date