Redacted - WCH MOR FY25-004 26ROH WI 0503 SSJ rev1 MDN.pdf

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Date: 02/26/2025

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): ERP# 1301232842 / REQ# N2372650574109

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

Red Fox Environmental Services, Inc.

b) the required delivery date/period of performance and

RDD: 09/30/2025

c) its intended use.

VCHT upgrade to CuNi, T-ALT 518

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

Red Fox Environmental Services, Inc.

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

ON THE FOLLOWING (select all that apply):

A. X BRAND NAME LIMITED 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.

RED FOX ENVIRONMENTAL SERVICES, INC. DEVELOPED THE MSD AND ATTACHED

VCHT SYSTEM AND HAS THE TECHNICAL KNOWLEDGE AND INTERNAL

DRAWINGS NECESSARY TO DEVELOP AND HAVE APPROVED BY REGULATORY

BODIES REQUIRED FOR INSTALLATION.

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

ENVIRONMENTAL SERVICES, 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. Describe how it applies to the critical piece of equipment: 10.6-002-ALL

LISTS THE MSD SYSTEM AS CRITICAL EQUIPMENT. FAILURE OF

MSD SYSTEM WILL PREVENT THE SHIP FROM BEING ABLE TO SAIL

AS THERE WILL NOT BE A METHOD OF DEALING WITH HUMAN

WASTE.

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):

ii. Identify other vessels with this Make / Model:

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:

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

d. X OTHER: Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): MSC DOES NOT HAVE MANUFACTURING AND

TECHNICAL INFORMATION REQUIRED TO EVALUATE AND DETERMINE WHETHER

MSD HEADERS SUPPLYED BY ANOTHER MANUFATURER WILL BE COMPATIBLE

WITH THE HEADER AND EQUIPMENT ORIGINALLY DEVELOPED AND INSTALLED

BY RED FOX.

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

3 Ver 2.0 (01 July 2018) 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:

b. Required delivery date / Period of Performance:

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

d. Estimated production lead time:

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.)

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: