SOR 21-0010 SSJ FASSMER lifeboat rep_Redact.pdf

1 Ver 2.0 (01 July 2018)

Date: 19 AUG 2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: USNS CHARLES DREW (a) PR Number(s): N2360212324078

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

______ FASSMER SERVICE AMERICA

b) the required delivery date/period of performance and

_________25 SEP 2021 THROUGH 11 OCT 2021_________________________

c) its intended use.

_________ REPAIR/REPLACE NO 1 LIFEBOAT ENGINE ONBOARD CHD

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

_________ FASSMER SERVICE AMERICA, LLC

6135 NW 167 STREET (UNIT E-6)

MIAMI, FL 33015

PHONE 305-557-8875

MOBILE 562-248-8683

FAX 305-557-8874

TK@FASSMERUSA.COM__________________________________

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

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A. _____ 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.

________ FASSMER IS THE OEM OF THE T-AKE CLASS LIFEBOATS,

RESCUE BOATS, ASSOCIATED DAVITS, AND ACCOMMODATION LADDERS.

RESTRICTIVE RIGHTS INCLUDE ACCESS TO BUSINESS SENSITIVE TECHNICAL

MANUALS, DRAWINGS, AND THE ABILITY TO PROCURE PARTS DIRECTLY FROM

THE OEM..

b.

_______ TS800-AH-MMC-010_0_0, LIFEBOAT, TOTALLY ENCLOSED, SELF

RIGHTING, FASSMER TYPE OWNED BY FASSMER, DAVITS ARE GLOBAL DAVITS AND

FASSMER IS THE AUTHORIZED SERVICE CENTER

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. _____ OTHER REASON:

a. _____ 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. Decribe how it applies to the critical piece of equipment:

a. SMS NUMBER 10.6-002-ALL LISTS ALL LIFEBOATS, RESCUE

BOATS, DAVITS, AND ACCOMMODATION LADDERS AS

CRITICAL EQUIPMENT. FAILURE OF THIS EQUIPMENT WILL

FORCE THE SHIP TO ISSUE A CASREP, AND IMMEDIATELY

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REDUCE ALL UNDERWAY REPLENISHMENT OPERATIONS AND

CARGO HANDLING DUE TO REDUCED CREW SAFETY. THE LOSS

OF TWO BOATS PUT THE SHIP IN A C-4 STATUS, THUS

BECOMING UNABLE TO PERFORM THE PRIMARY MISSION OF

PROVIDING UNDERWAY REPLENISHMENT SERVICES TO THE

FLEET, UNTIL REPAIRS ARE COMPLETED. PROPER REPAIR AND

MAINTENANCE ARE CRITICAL TO THE SAFE OPERATIONS OF

TAKE VESSEL LIFE AND RESCUE BOAT SYSTEMS.

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

i. Identify Make / Model Number(s): ____

ii. Identify other vessels with this Make / Model:

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. __XX__ OTHER:

___ MSC DOES NOT HAVE MANUFACTURING AND TECHNICAL

INFORMATION REQUIRED TO EVALUATE AND DETERMINE WHETHER NONOEM

SERVICE AND REPLACEMENT PARTS OFFERED ARE EQUIVALENT TO THE

OEM COMPONENTS AND REPLACEMENT PARTS. T-AKE LIFE AND RESCUE

BOATS, WITH ASSOCIATED DAVITS AND LADDERS, REQUIRE TECHNICAL

EXPERTISE, AND PROPRIETARY DRAWINGS UNIQUE TO THESE BOATS; ONLY

THE OEM IS AUTHORIZED TO WORK ON THE LIFESAVING EQUIPMENT. THE

OEM HAS ACCESS TO PROVIDE PARTS AND TECHNICAL DATA / DRAWINGS AS

REQUIRED BY USCG AND ABS CERTIFICATION FOR MAINTENANCE AS NOTED

UNDER SOW. IT IS ESSENTIAL TO PROVIDE OEM EVALUATION AS IT REQUIRED

BY ABS/SOLAS/USCG REQUIREMENTS. THE SHIP WOULD NOT BE ABLE TO SAIL

IF THESE INSPECTIONS ARE NOT DONE BY THE OEM. IN ADDITION, NVIC 04-07

(NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 04-07) STATES IT IS

RECOMMENDED FOR SERVICE AND REPAIR OF LIFEBOATS AND LIFEBOAT

LAUNCHING SYSTEMS TO BE COMPLETED BY THE MANUFACTURER OR

MANUFACTURER AUTHORIZED REPRESENTATIVE. IT ALSO STATES THAT THE

RELEASING MECHANISMS SHOULD ONLY BE SERVICED, INSPECTED, AND

REPAIRED BY THE MANUFACTURER OR MANUFACTURER'S AUTHORIZED REP. 4.

__X__ UNUSUAL AND COMPELLING URGENCY: The supplies or services are of