Sole Source Justification_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 22 September 2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301029847

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

ZF MARINE LLC.

b) the required delivery date/period of performance and

Delivery date: .

c) its intended use.

Installing new gasket seal kits required after MRG Cooler cleaning.

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

ZF Marine LLC., III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

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

1. 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.

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

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. The T-EPF class vessels are outfitted with ZF Marine Reduction

Gears Model ZF 60000 NR2H. It is mission-critical to maintain class configuration and interchangeability across the ship class. Any deviation from the OEM equipment or parts could result in personal injury, loss of life, or equipment or system failure. 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. This is proprietary information and the Government did not acquire rights in this data. OEM representatives have access to provide parts and technical data drawings from the original manufacturer, as required to properly repair and maintain the equipment.

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.). ZF Marine, LLC.

1. _ 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: SMS 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): _ZF 60000 NR2H

ii. Identify other vessels with this Make / Model: T-EPF Class Vessels

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

3 Ver 2.0 (01 July 2018) existing equipment / configurations.

i. Identify Make / Model of existing equipment:

MAKE / MODEL: Model ZF 60000 NR2H

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

The main reduction gears are critical pieces of equipment requiring original OEM parts and servicing. Third party aftermarket parts are susceptible to quality variance and are not proven compatible with existing configuration which could cause catastrophic failure.

d. OTHER:

2. 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:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: