REV Redacted SSJ.pdf

1 Ver 2.0 (01 June 2018)

Date: _30JAN2026_

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s):

TBD

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

EVOQUA WATER TECHNOLOGIES LLC

b) the required delivery date/period of performance and

RDD: 15APR2026

c) its intended use.

Evoqua to provide Chloropac generating cells to prevent marine growth

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

EVOQUA WATER TECHNOLOGIES LLC, 2 MILLTOWN CT, UNION, NJ 07083, POC:

ROBERT WEDDLE_972-346-8159_ ROBERT.WEDDLE@XYLEM.COM

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.

mailto:ROBERT.WEDDLE@XYLEM.COM

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Evoqua is the Original Equipment Manufacturer (OEM) and owner of the proprietary rights to the

Chloropac Generators and has proprietary rights to all parts.

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

Evoqua owns exclusive restrictive rights to include access to business sensitive technical manuals and drawings. Manual No Ecoqua SBX-CL-C-TM is a proprietary manual from Evoqua. All TAKE vessels were designed with Evoqua Chloropac Generators. The use of the OEM is paramount to maintain the integrity of the

Marine growth prevention system.

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.

Evoqua is the OEM, and material is part of ships critical equipment and can only be replaced with certified OEM replacements as per SMS 10.6-002-ALL.

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

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): Evoqua / 50669-001-M3

ii. Identify other vessels with this Make / Model:

T-AKE 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:

Evoqua 50669-001-M3

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

These are direct replacement parts. The Cloropacs on the T-AKE Class original equipment manufacturer (OEM) is Evoqua. Evoqua has exclusive proprietary rights to all drawings and technical data for the Cloropac. This includes proprietary rights to the replacement parts and engineering data for the mechanical and electrical components essential for 5-year maintenance and Inspection of the Cloropacs

d. OTHER:

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:

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 t he 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: