SAC SSJ Redacted.docx

Date: 4/24/2023

MEMORANDUM

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

Ref: (a) PR Number(s): ERP# 1301080902

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

PROCUREMENT MDG VULKAN COUPLING RUBBER ELEMENT

b) the required delivery date/period of performance and

1 JUL 2023 / 15 JUL- 15 OCT 2023

c) its intended use.

PROCUREMENT MDG VULKAN COUPLING RUBBER ELEMENT

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

AMERICAN VULKAN COUPLING

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.

AMERICAN VULKAN COUPLING IS THE OEM AUTHORIZED SUPPLIER OF APPROVED REPAIR PARTS FOR THE T-AKE MAIN DIESEL GENERATOR

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

AMERICAN VULKAN COUPLING

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. 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: 10.4-001-ALL

ii. Describe how it applies to the critical piece of equipment:

III. ENSURES THAT THE VESSEL’S EQUIPMENT IS MAINTAINED IN ACCORDANCE WITH ORIGINAL EQUIPMENT MANUFACTURER (OEM) RECOMMENDATIONS, MSC POLICY AND REGULATORY BODY REQUIREMENTS.

IV. THE T-AKE MDG VULKAN COUPLING WAS DESIGNED FOR THE T-AKE CLASS SHIP AND WAS INSTALLED ON SACAGAWEA TO MEET OPERATIONAL AND MISSION REQUIREMENTS.

b. 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:

THE ENTIRE TAKE CLASS SHIP; SHIP’S 1-14.

c. 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:

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. 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 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: FEB 2023

b. Required delivery date / Period of Performance: 1 JUL 2023 / 15 JUL- 15 OCT 2023

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

FURTHER EVALUATION WAS NEEDED

d. Estimated production lead time: 10-12 WEEKS

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.)

IMPACT STATEMENT:

A PROPERLY OPERATING MAIN DIESEL GENERATOR IS CRTICALLY VITAL TO ENSURE THAT THE VESSEL WILL BE PREPARED FOR MISSION READINESS IN SUPPORTING THE NAVAL FLEET. SACAGAWEA IS A COAST GUARD (USCG) INSPECTED AND AMERICAN BUREAU OF SHIPPING (ABS) CLASSED VESSEL AND IS ENROLLED IN THE USCG-ABS ALTERNATIVE COMPLIANCE PROGRAM. THE SHIP IS REQUIRED TO COMPLY WITH ABS STEEL VESSEL RULES (SVR), INTERNATIONAL MARITIME ORGANIZATION (IMO), SAFETY OF LIFE AT SEA (SOLAS), INTERNATIONAL LOAD LINE CONVENTION (ILLC), CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS (MARPOL) AND THE US SUPPLEMENT TO ABS SVR

f. CASREP Number: C3 CASREP NO. 23-003

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