SSJ 20Q4131_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 23 April 2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2109101154002 N21091901154003

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceedingthe 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 industrialmobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competitionfor 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 acquisitionthreshold.

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

ELECTRO MOTIVE DIESEL

b) the required delivery date/period of performance and

28September2020through12Oct 2020

c) its intended use.

Main Propulsion Diesel Engines Critical Ships Equipment

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

MARINE SYSTEMS, INC.

1401 Precon Drive, Suite 106, Chesapeake, VA 23320 Phone (757) 543-3000 Fax (757) 543-1595

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

ON THE FOLLOWING (select all that apply):

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

1. RESTRICTIVE RIGHTS: the source has established proprietaryrights, limited rights in data, patent rights, copyrights, or secret processes in the item orservice.

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a. Explain what is subject to the restrictive rights.

Marine Systems INC, (MSI) has proprietary rights to the drawings and parts for the Main Propulsion Diesel Engine’s installed in USNS Apache which are manufactured by electro Motive Diesel. There is no other company that can provide the material required or the Technical Expertise to conduct the 8000 hour Overhaul the system hence the restrictive rights to this company

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

2. EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available fromthe 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 serviceis only available from the OEM.

Electro Motive Diesel is the OEM for the Apaches Main Engines. And are the only company to manufacture OEM parts for repairs and service to the engines.

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.)

MARINE SYSTEMS, INC.

1401 Precon Drive, Suite 106, Chesapeake, VA 23320 Phone (757) 543-3000 Fax (757) 543-1595

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 theenvironment.

i. SMS Procedure Number: 10.6-002-01-ATF

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.

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.

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i. Identify Make / Model of existing equipment:

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

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 insubmitting 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:

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