Sole Source Memo-redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 17 NOV 2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS WILLIAM MCLEAN PR Number(s): N2900113224009

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

POP : JAN 5 – MAR 5 2022 , RDD: MAR 20 2022

c) its intended use.

OVERHAUL USED/OLD HYDRAULIC LUFFING CYLINDERS REMOVED FROM CARGO

CRANES DURING THE 10 YR ROH OVERHAUL, AND RESTORE THEM TO FACTORY

RECONDITIONED TO BE USED FOR SHORE BASED SPARES

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

APPLETON MARINE

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 SOLE 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.

APPLETON MARINE INC OWNS THE PROPRIETARY RIGHTS TO THE QUIPMENT

CRANE MODEL EB 270-87-47.

2 Ver 2.0 (01 July 2018)

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

MARINE INC.

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. 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: 10.6-002 ALL

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

CARGO CRANES ARE CRITICAL TO SHIP IN THE LOADING

AND HANDLING OF GROCERIES, SUPPLIES AND

AMMUNITION FOR CUSTOMER SHIPS. SHIP CANNOT

PERFORM IS FUNCTION WITHOUT OPERABLE AND

MAINTAINED CARGO CRANES.

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): APPLETON / EB270-87-47

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: Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): 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

CARGO CRANES REQUIRE SPECIAL TOOLS AND TECHNICAL EXPERTISE

UNIQUE TO THESE CRANES; ONLY THE OEM IS AUTHORIZED TO WORK ON

THE HIGHLY SOPHISTICATED EQUIPMENT. THE OEM HAS ACCESS TO

PROVIDE PARTS AND TECHNICAL DATA / DRAWINGS / SERVICE / PARTS AS

REQUIRED BY USCG AND ABS CERTIFICATION FOR MAINTENANCE.

3 Ver 2.0 (01 July 2018)

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:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT