SAP21-005 JA N4044621Q0010 Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 2 April, 2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2900310929014

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

FASSMER Service America.

b) the required delivery date/period of performance and location

04/09/21 – 04/15/21, GUAM

c) its intended use.

Provide the services of FASSMER Service America to provide technical service for the Cesar Chavez (T-AKE-14) FASSMER Rescue Boats repair to support Safety and life saving equipment.

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

FASSMER Service America.

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.

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a. Explain what is subject to the restrictive rights.

FASSMER is the OEM of the T-AKE Class Lifeboats, Rescue Boats, Associated Davits and Accommodation Ladders. Restrictive rights include access to business sensitive technical manuals, drawings, and the ability to procure parts directly from the OEM.

T9583-A8-MMC-010 Boat, Rescue with Davit and Winches, Operation And Maintenance Manual.

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

FASSMER Service America

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.

FASSMER is the OEM of the T-AKE Class Lifeboats, Rescue Boats, Associated davits, and Accommodation Ladders. Technical expertise required to review and test components of the ship’s Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders. OEM holds proprietary technical data for repairs and adjustments of individual systems, and proprietary technical data required to meet the Statement of Work.

Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders are unique commercial systems that was developed by shipbuilder NASSCO and contracted to Fassmer for design and maintenance support. Only OEM can provide services as requested under Statement of Work to maintain system safety and integrity as per regulatory requirements. Similar companies do not have the required technical data and OEM repair parts to review, test, and repair these systems.

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. _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 10.6-002-ALL

SMS Number 10.6-002-ALL lists all Lifeboats, Rescue Boats, Davits, and

Accommodation Ladders as critical equipment. Failure of this equipment will force the ship to issue a CASREP, and immediately reduce all underway replenishment operations and

3 Ver 2.0 (01 July 2018) cargo handling due to reduced crew safety. The loss of two boats put the ship in a C-4 status, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, until repairs are completed. Proper repair and maintenance are critical to the safe operations of T-AKE vessel life and rescue boat systems.

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. _____ 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.

c. __XX___ 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. T-AKE life and rescue boats, with associated davits and ladders. Require technical expertise and proprietary drawings unique to these boats; only the OEM is authorized to work on the lifesaving equipment. The OEM has access to provide parts and technical data / drawings as required by USCG and ABS certification for maintenance as noted under SOW. It is essential to provide OEM evaluation as it required by ABS/SOLAS/USCG requirements. The ship would not be able to sail if these inspections are not done by the OEM. In addition, NVIC 04-07 (Navigation and Vessel Inspection Circular No. 04-07) states it is recommended for service and repair of lifeboats and lifeboat launching systems to be completed by the Manufacturer or Manufacturer Authorized Representative. It also states that the releasing mechanisms should only be serviced, inspected, and repaired by the Manufacturer or Manufacturer's Authorized Rep.

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

4 Ver 2.0 (01 July 2018) 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: 31 MAR 2021____________________

b. Required delivery date / Period of Performance: 9-15 APRIL 2021____________

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: __1 WEEK____________________________

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.)

CASREP APPLIES________________________________________________

f. CASREP Number: __CR20-043 _______________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $21,500.00

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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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date