sole source memo_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 01 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 (T-AKE 12) PR Number(s): N2900113094006

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

TRIDENT LLC

JOHNSON CONTROLS (JCI)

b) the required delivery date/period of performance and

JANUARY 5 2022 – MARCH 5 2022

c) its intended use.

OVERHAUL CARGO REEFER COMPRESSORS BACK TO FACTORY/OEM

RECONDITION

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

TRIDENT MARINE LLC

Sean Greenwood

Field Service Manager Trident Maritime Systems, LLC 2601 Cleveland Ave. Marinette WI. 54143 Cell: (906)396-3242 sean.greenwood@tridentllc.com

Or

James Snider Account Executive Johnson Controls Oil, Gas Global Marine & Navy 15901 SW 29th Street | Suite 801 | Miramar | FL | 33027 Phone : 954.707.3454 james.snider@jci.com

2 Ver 2.0 (01 July 2018)

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. ____ 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.

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

2. __XX __ 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;

This requirement requires York Refrigeration of Hoejbjerg Denmark Original Equipment Manufacturer (OEM) parts and repair services for the operation of the Cargo Refrigeration System, Chiller and Condenser Model Number VSB151LE and AC planet VSM 89. There are three (3) Cargo Refrigeration Systems, Chillers and Condensers on each of the T-AKE class dry cargo/ammunition ships, and 4 ea. VSM 89 AC Plants. The only known authorized OEM distributors are TRIDENT LLC & Johnson Controls Inc.

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 Describe how it applies to the critical piece of equipment:

As stated in the SMS procedure 10.6-002-ALL, the Cargo Refrigeration Systems onboard are listed as critical equipment. The cargo refrigeration system original equipment manufacturer (OEM) is Johnson Controls, Inc. (JCI) (formerly York International Refrigeration of Hoejbjerg Denmark) for the T-AKE class dry cargo/ammunition ships. TRIDENT LLC. is York International’s United States service representatives and parts distributors. TRIDENT & JCI has access to the proprietary information and drawings, specifically the automation and software control system. This includes proprietary rights to the software and programming codes which are essential for repair and programming of the alarm sensor set points of the T-AKE cargo refrigeration system. Only OEM and authorized OEM distributors can supply repair parts and services for the cargo refrigeration system.

TRIDENT LLC & JCI. are the only known distributors for the cargo refrigeration system parts and services. Any deviations from OEM repair parts or services could result in personal injury or equipment failure and damage. Cargo Refrigeration is critical to the Combat Logistics Force (CLF) inventory management and control of

3 Ver 2.0 (01 July 2018)

9M Food products and 1Q Ship Store materials. Without a fully operational cargo refrigeration system, T-AKE class dry cargo/ammunition ships are unable to achieve MSC Strategic Priority 1, “ships ready for tasking.

ii.

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): XJ-151J York Compressors

ii. Identify other vessels with this Make / Model: TAKE 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 COMPONENTS AND REPLACEMENT PARTS OFFERED ARE

EQUIVALENT TO THE OEM COMPONENTS AND REPLACEMENT PARTS.

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