SSJ 20Q0281_Redacted.pdf

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Date: ______03/19/2020____

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2978700584001

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

HEADHUNTER INC

b) the required delivery date/period of performance and

10 APRIL 2020

c) its intended use.

Original Equipment Manufacturer Service Representative to perform annual maintenance on MSD Sewage System

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

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

ON THE FOLLOWING (select all that apply):

A. Only one responsible 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.

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a. Explain what is subject to the restrictive rights.

The EPF sewage treatment plant OEM , Headhunter Inc, is the only known OEM with the required system knowledge, experience, and proprietaryinformation authorized to supply spare parts for the equipment installed on EPF Class.

HeadhunterInc not only holds all proprietary rights to the drawings and patterns and parts essential for repairof the sewage treatment plant but its authorized to provide parts and technical data/ drawings asrequired by ABS regulations. This maintains all OEM warranties, ensures sewage treatment planreliability and crew safety.

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

Headhunter Inc

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.

Due towarranties on this system, all parts and services shall be procured through an OEM authorized distributor or representative. Any deviation from OEM parts, diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. OEM parts are required to meet regulatory requirements by ABS and US Coast Guard for crew safety and a reduced chance of equipment failure

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.)

Headhunter Inc

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

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.

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i. Identify Make / Model Number(s): Headhunter / TW-HMX-6104

ii. Identify other vessels with this Make / Model: T-EPF Class

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:

Headhunter / TW-HMX-6104

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

Equipment must be serviced by qualified technician familiar with the sewage treatment plant (STP). The STP must be programed to interface with other electronic monitoring/control equipment.

d. _____ OTHER:

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 t he 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: _________________________________________

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