Redacted SSJ MOR 23-004 RENK PEDESTAL BEARING INSPECTION.docx

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USNS MEDGAR EVERS PEDESTAL BEARING INSPECTION
Solicitation number
N3220523Q2214
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This memorandum documents a justification for a non-competitive procurement under the simplified acquisition threshold. The Navy requires inspection of a pedestal bearing for the USNS Medgar Evers. The procurement is for Trident Maritime Systems, as they own the proprietary rights to the drawing and are the original equipment manufacturer. The delivery date is required by September 30, 2023 to repair a failed air handling unit serving critical shipboard laundry spaces, as the temporary ventilation is marginally effective and a priority safety issue.

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Date: 7-6-23

MEMORANDUM

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

Ref: (a) PR Number(s): N231923160W039

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 TRIDENT MARITIME SYSTEM

b) the required delivery date/period of performance and 9-30-2023

c) its intended use.

FAN,CNTFGL,AC971-EULB-21-2-3-5-5-02-1-1

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

TRIDENT MARITIME SYSTEM

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: TRIDENT MARITIME SYSTEM owns the proprietary rights of the drawing.

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

Ver 2.0 (01 July 2018)

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

TRIDENT MARITIME SYSTEM ONLY SELLS DIRECT AND DOES NOT HAVE ANY AUTHORIZED DISTRIBUTORS

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 MAIN Diesel Generator is critical ship’s equipment. Failure of which will prevent starting of the Main Diesel Engines which would cause a catastrophic casualty in the event the Main Diesel Engines cannot be started in an emergency situation. This would cause the ship to lose all Electrical Power and Propulsion.

i. SMS Procedure Number: 10.6-002-01-AKE

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. The brand name sole source for RENK USA CORPORATION.

i. Identify Make / Model Number(s): AC971-EULB-21-2-3-5-5-02-1-1

ii. Identify other vessels with this Make / Model: T-AKE 1-14

c. FORM, FIT, AND FUNCTION:

i. Identify Make / Model of existing equipment:

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

DRAWING FOR MTORIS ONLYUNIQUE TO ESB CLASS OF SHIPS

d.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.
4. XUNUSUAL 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: 6/9/2023

b. Required delivery date / Period of Performance: 9/30/2023

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: 20 WKS

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.)

THE AIR HANDLING UNIT THAT HAS FAILED SERVES THE SHIPS LAUNDRY SPACES AND THIS IS A CRITICAL ITEM TO REMOVE THE HEAT AND HAZARDS FROM THESE AREAS; TEMPORARY VENTILATION CURRENTLY ESTABLISHED IS MARGINALLY EFFECTIVE AND FULL REPAIR IS A PRIORITY TO MAINTAIN SAFE SHIPOARD ENVIRONMENT.

f. CASREP Number: 23010

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT:

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

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