Redacted Use of Other than Full and Open Memo.pdf

1 Ver 2.0 (01 July 2018)

Date: 10 FEB 2023__

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301062848

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

_SCHNEIDER ELECTRIC__________________________________________

b) the required delivery date/period of performance and

_RDD: 30 SEPTEMBER 2023 or earlier________________________________

c) its intended use.

_Engine Room Supply Air Fan Motor upgrade___________________________

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

SCHNEIDER ELECTRIC

2 Ver 2.0 (01 July 2018)

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):

1. _____ 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,

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. ____ 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 / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts

i. Identify Make / Model Number(s):

Schnieder Electric: VSD 11kw ATV650D11N4E Schnieder Electric:VSD 18kw ATV650D18N4E

3 Ver 2.0 (01 July 2018)

ii. Identify other vessels with this Make / Model:

_T-EPF Class_________________________

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:

Schnieder Electric: VSD 11kw ATV650D11N4E Schnieder Electric: VSD 18kw ATV650D18N4E

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

The VSDs ATV 65 are critical components in order to monitor and regulate the speed of the fans. In order to maintain current configuration as set under APL X297848VSJ3, X297848VSJ4 and X297848VSJ1, it is mandatory that only OEM parts be utilized on JHSV Exhaust and Supply Fans Controller. This system is connected with the EPF Class Integrated Machinery Control System to which control and feedback communications are designed and installed. The replacement motor must meet the power and speed requirements of the existing motor, must match the existing mounting configuration inside the axial fan, must be compatible with a VSD controller, and must have a high level of reliability.

d. __X___ OTHER:

Failure of the subject motor and associated intake fan can starve the engine room of supply air, causing a low oxygen situation which is a safey hazard for crew. Additionally, failure of the motor would induce a low pressure atmosphere inside the engine room, which could cause a catastrophic failure of two of four main propulsion diesel engines.

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: