Sole Soure Justification No.4 PTO Generator Siemens jqmoss signed_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 24 July 2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2187140794090 / ERP 1301149804

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

Siemens Energy Inc.

b) the required delivery date/period of performance and

30 September 2024

c) its intended use.

Retrieve diode wheel assy. from O.

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

Siemens Energy Inc.

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.

a. Explain what is subject to the restrictive rights.

2 Ver 2.0 (01 June 2018)

OEM, Siemens, is the only qualified agency with proprietary procedures to remove the Diode wheel assembly.________________________________________________________

b. If

SIEMENS Drawing: E44070-E5002-M801

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 ALL

b. _ X_ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model additional units or replacement items.

i. Identify Make / Model Number(s): 1FJ6-716-65A90-Z

ii. Identify other vessels with this Make / Model: USNS KANAWHA AND

USNS PATUXENT.

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 existing equipment / configurations.

i. Identify Make / Model of existing equipment:

Model: 1FJ6-716-65A90-Z. Siemens Energy and Automation; 2500 kW, 60Hz, 450 Volts, 3950 Amp, 1200 RPM

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

Per MSC instruction "COMSC Instruction 4490.1C", Original Equipment Manufacturers and Non- Original Equipment Manufacturers Use Policy", MSC requires the use of OEM parts and technical representatives (rep) for critical systems and equipment, as MSC has determined that the risk associated with using the OEM parts and service is inherently lower than using non- OEM parts. MSC does not have the manufacturing and technical information required to evaluate and determine whether non- OEM components and replacement parts offered are true functional equivalents of the OEM parts, and engineering studies have not been accomplished to confirm the effect, if any, of incorporating the non- OEM part into the critical systems in which the parts are required.

d. _ X_ OTHER:

The contractor listed are the only source capable of accomplishing these requirements. They are the original designers, developers and manufacturers, and th only source with access to or ownership of the proprietary data required to conduct the maintenance and servicing outlined in the attachment hereto. To pursue competition to find another source would significantly influence the US Navy by delaying operating capabilities while developing the type of products required. This would not be considered practical and would be time consuming and expensive. Therefore, award of a contract to any other source would result in substantial duplication of costs that are not expected to be recovered through competition.

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 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: January 2024 (During Nov 2023 ROH).

b. Required delivery date / Period of Performance: 16 30 September 2024.

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

Requirement was submitted in March 2024. FLC Puget Sound contracting was in final stages of awarding contract but yet service order was inadvertently canceled from the system. This requirement is being re-submitted under urgent pretenses in order to meet the demands during 2024 October MTA.

d. Estimated production lead time: __2 weeks____________________________

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.)

Ship is currently operating with one PTO unit. Ship's engineering doctrine for required underway equipment is compromised and does not meet system's redundancy for operations. Failure to repair No.4 PTO will immediately impact ship's missions for Navy support. _____________________________________________________________________

f. CASREP Number: CASREP, C3 - 2024002

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: