SACAGAWEA Other than full_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 26 AUG 2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS SACAGAWEA PR Number(s): N2319202394001

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

APPLETON MARINE, INC.

b) the required delivery date/period of performance and

23 OCT THROUGH 12 NOV 2020

c) its intended use.

OEM SUPPORT FOR CARGO CRANES GREAS E CHANGE-OUT

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

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

ON THE FOLLOWING (select all that apply):

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

1. _XX__ 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. Appleton Marine is the OEM, and has zero authorized representatives to conduct this work.

b. If drawings are included, who is identified

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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. XX OTHER REASON:

a. XX 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:

SMS 10.4-001-ALL; ENSURES THAT VESSEL EQUIPMENT IS

MAINTAINED IN ACCORDANCE WITH ORIGINAL EQUIP M EN T

MANUFACTURER (OEM) RECOMMENDATIONS, MSC POLICY AND

REGULATORY BODY REQUIREMENTS.

b. XX STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, additional units or replacement items.

i. Identify Make / Model Number(s ): Appleton Marine Cargo Crane 1-4

ii. Identify other vessels with this Make / Model: T-AKE 1 THRU T-AKE 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.

THE SHIPBOARD CARGO CRANES ARE NECESSARY FOR THE

OPERATIONAL MISSION.

d. XX OTHER:

MSC DOES NOT HAVE MANUFACTURING AND TECHNICAL INFORMATION

REQUIRED TO EVALUATE AND DETERMINE WHETHER NON-OEM

COMPONENTS AND REPLACEMENT PARTS OFFERED ARE EQUIVALENT TO THE

OEM COMPONENTS AND REPLACEMENT PARTS. THE APPLETON MARINE

CARGO CRANES WERE DEVELOPED SPECIFICALLY FOR THE T-AKE CLASS;

ONLY APPROVED TECHNICAL REPRES ENTATIVES AND PROVIDERS ARE

AUTHORIZED TO SERVICE THIS EQUIPMENT. OEM REPS HAVE ACCESS TO

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PROVIDE PARTS AND TECHNICAL DATA / DRAWINGS FROM THE ORIGINAL

MANUFACTURER AS REQUIRED BY USCG AND ABS CERTIFICATION FOR

MAINTENANCE.

4. XX 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 supp lies 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 2020

b. Required delivery date / Period of Performance: 23 OCT THRU 12 NOV 2020

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

SHIP JUST COMPLETED DEPLOYMENT AND HAS A VRA SCHEDULED FOR

FY21 Q1

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.)

RELIABLE CARGO CRANES ARE VITAL TO ENSURE A FULLY FUNCTIONAL

VESSEL THAT ALLOWS IT TO PERFORM ITS PRIMARY MISSION

OF 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: N/A

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.