RedactedJA.pdf

Ver 2.0 (0 I June 2018)

Date: 14 MARCH 2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2 l 582-2073-S374

I. BACKGROUND:

I. In considering the references, FAR 13. I 06-1(b)( I )(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. I 06-3(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

TANK LEVEL SENSOR (RADAR), NIIN: T2-l58-172P, PIN: 25612-02, ONE EACH

b) the required delivery date/period of perfonnance and

APR 08 2022

c) its intended use.

MEASUREMENT OF TANK LEVEL FUELS OR BALLAST WATER

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

ELECTRONIC MARINE SYSTEMS INC./ EMS MARCON: CAGE: 73396

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

ON THE FOLLOWfNG (select all that apply):

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

I. _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.

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

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

EMS MARCON is the OEM manufacturer of this system and any repair parts need to be compatible and compliant with the equipment installed to properly function as designed.

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 tl,an one distributor I autl,orized tecl,nical representative. tl,en use Part

8- Brand Name.)

EMS MARCON, 800 FERNDALE PL RAHWAY NJ 07065

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: N4.6.8-ALL, N?.4.004-ALL, 7.4.005-AO. 7.4.006-

AO 7.4.007-AO. 7.4.012-AO

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): NIIN: T2-l 58-l72P, PIN: 25612-02, One Each.

I.

11. Identify other vessels with this Make I Model:

Other MSC Tankers

c. _X_ FORM, FIT, AND FUNCTION: Item is direct replacement parts/ components for existing equipment and must be compatible in tern1s of form, fit, and function with existing equipment/ configurations.

3 Yer 2.0 (0 I June 2018)

1. Identify Make/ Model of existing equipment:

Ship's Cargo Control Console, APL: 438-6241334

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

EMS is the OEM of the Cargo Control Panel and all repair parts need to be compliant with the installed system

d. _x_ OTHER:

"COMMSCINST 4490.1 states the policy for use of Original Equipment Manufacturer (OEM) and non-OEM parts and service for critical and non-critical shipboard systems and equipment for Military

Sealift Command (MSC) ships. "The risk associated with using the OEM parts and service is inherently lower than using non-OEM parts and service, as demonstrated by historical experience. Relying on the OEM to provide parts and service for the maintenance and repair of our critical ship systems and equipment is in the best interest of MSC, even when the cost for these parts and service are more expensive." MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts are equivalent to the OEM components and replacement parts."

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 to limit the number of sources from which it solicits. Urgent requirements arc 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: -01 March 20=22---------b.

Required delivery date/ Period of Perforn1ance:

Ap ril

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

Ship's Operations/commitments. Awaiting vendor quote. allowing for processing and shipment

d. Estimated production lead time: _;=.2_W E=E=K=S"--'--A=R-'-'O=---------

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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_USNS PECOS is currently due for a scheduled ROH period and would like to have these parts available for repairs by ship's force during this ROH.

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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.

Contract Specialist/ Date

Contracting Officer/ Date