SSJ_02_1 redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: Friday, March 17, 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N21419 TBD

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:

2.

This is a requirement for the contractor to provide repair materials for the USNS Joshua Humphreys.

a) The name of the required source or brand name

EATON CORPORATION, AIRFLEX DIVISION

b) the required delivery date/period of performance and

RDD: 08/01/2023 POP: 09/01/2023 to 12/04/2023

c) Its intended use.

ITEM 0207_A_Humphreys M.E. Clutch&Coupling maintenance parts to be used during routine MTA.

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

EATON CORPORATION, AIRFLEX DIVISION, PENNSYLVANIA, 215.455.490

THE ROWLAND COMPANY, OHIO, 216.634.8225

GOLDMAN ETS LLC.

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

ON THE FOLLOWING (select all that apply):

A. XX Only one responsible source (select all that apply):

1. XX 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.

ALL THE COMPONENTS ARE EATON CORP BRAND AND ARE THE ONLY APPROVED

MATERIALS, WHICH IS SPECIFIC TO THE SINGLE MANUFACTURER; SPECIFICALLY

EATON CORPORATION AIRFLEX DIVISION.

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

EATON OWNS ALL DRAWINGS AND SPECIFICS FOR THE REQUIRED MATERIALS.

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. XX OTHER REASON:

a. XX 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 PROCEDURE 10.6-002-AO/ALL

b. XX 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):

Main Engine Clutch- Eaton Model 52VC100 – Critical Risk Factor L3;

Main Engine Coupling – Eaton Model BC125/30/140 – Critical Risk Factor L4 ;

ii. Identify other vessels with this Make / Model:

T-AO FLEET OILERS 187 – 204 have Eaton Main Engine Clutch and

Couplings,

c. XX 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.

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i. Identify Make / Model of existing equipment:

Main Engine Clutch – Eaton Model 52VC100 Main Engine Coupling – Eaton Model BC125/30/140

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

The required overhaul parts must be direct replacement OEM parts for the currently installed clutch and coupling parts having the same size, characteristics, form, fit and function and not require any modification prior to installation. USCG & ABS requires OEM materials to renew certificates.

d. XX OTHER:

MSC DOES NOT HAVE THE TECHNICAL INFORMATION REQUIRED TO

EVALUATE AND DETERMINE WHETHER COMPONENTS OR REPLACEMENT

PARTS DEFINED IN WORK ITEMS ARE EQUIVALENT TO IDENTIFIED

MATERIALS IF NOT OEM.

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 PROCUREMENT: $27,938.40

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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.

Charles A. Crawford / 03/17/2023 Requester Signature / Date

Level Higher (SUPPO / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date

Date: Friday, March 03, 2023