SOLE SOURCE redacted CTC GDMS.pdf

1 Ver 2.0 (01 July 2018)

Date: JANUARY 26 2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2978503304004

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

GENERAL DYNAMICS (GDMS).

b) the required delivery date/period of performance and

15 MARCH 2021 – 15 MAY 2021

c) its intended use.

Request OEM technical services through General Dynamics-Mission Systems (GD-MS) with the JHSV Interior Voice

Communication System (JIVCS).

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

GENERAL DYNAMICS (GDMS).

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.

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a. Explain what is subject to the restrictive rights.

GDMS authorized representative is the O.E.M. Similar communication system companies do not have the required technical data, proprietary software access and software diagnostic tools to review, test, and repair this system. The GDMS Communication System is unique to JHSV. Very little training has been provided to vessel crew. The identified representative is the only known representative for the combined system components known to provide support.

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

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: SMS 10.6.002-01-JHSV

b. STANDARDIZATION: 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:

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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. OTHER:

B. Brand Name: Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company.

Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

C. 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:

1.. Date on which the requirement was identified: 11 JUL 2020

2.. Required delivery date / Period of Performance: 15 JUL 2020

If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

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3. Estimated production lead time: 10 DAYS

4. 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.)

The ships Geneal Alarm Loud Hailers , as part of the JHSV Interior Voice Communication System (JIVCS) is required for the vessel to safely sail in accordance with 46 CFR Part 58.25-15 (Voice Communications), 46 CFR Part 46 CFR 130.440 (Communications System). Additionally, this system is required on all international voyages per IMO and SOLAS regulations. The internal communication system is extre mely vital to the ships daily operation involving voice and sight communications, as well as the ship's overall mission. Faulty internal communication equipment places the vessel in grave danger if an emergency were to take place.

CTF-53 strongly urges all ships (particularly PM1/PM8 ships) to maintain full functionality of all shipboard interior communication system and associated devices. CTF-53 strongly urges all ships

(particularly PM1/PM8 ships) to maintain full functionality of all shipboard interior communication system and associated devices.

5. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $91,720

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