Sam.gov Sole Source Memorandum 24Q0020 (Ve.docx

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Stowage Locker, Clothing Wardrobe; USNS MERCY
Solicitation number
N3220524Q0020
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This memorandum documents the use of other than full and open competition for an acquisition under the simplified acquisition threshold. The requirement is for lockers to be installed on the USNS MERCY during a berthing remodel. The lockers must be provided by Turnbull Marine furniture, a division of Trident Maritime Systems, LLC, as they own the proprietary drawings used for the specifications. Substitution would require a new approved technical alteration with ABS and US Coast Guard approval. The period of performance is by 15 March 2024.

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Date: 3 Oct 2023

MEMORANDUM

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

Ref: (a) PR Number(s): 1301119170

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

Turnbull Marine furniture; a division of Trident Maritime Systems, LLC

b) the required delivery date/period of performance and

15 March 2024

c) its intended use.

Lockers to be used for the Mercy Chiefs Berthing WI 707. Berthing on Mercy will be completely remodeled.

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

Turnbull Marine furniture; a division of Trident Maritime Systems, LLC

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.

Trident/Turnbull own the drawings that are used for the specifications for these lockers.

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

Turnbull Marine furniture; a division of Trident Maritime Systems, LLC

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. _____ 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: ___________________________

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:

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:

The lockers are made to conform to the MERCY per Trident Maritime Systems/Turnbull Marine furniture proprietary drawings in approved T-ALT 19-19015.

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

The drawings for the lockers must be and are approved by Coast Guard(USCG) and American Bureau of Shipping(ABS).

d. X OTHER:

As mentioned above, the specified is part of MSC and ABS/USCG approved T-Alt number TAH 19-19015, substitution of the specified furniture would be a violation of the approved T-Alt. Substitution would void the current approved trans-alt and would require a new approved T-ALT with ABS and US Coast Guard approval.

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
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: _________________________________________

3 Ver 2.0 (01 July 2018)

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