SSJ 22Q0080 Redacted 1 of 2.pdf

1 Ver 2.0 (01 July 2018)

Date: 12/13/2021 MEMORANDUM Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2130713414063

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.

I. 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

STEYR SE236E40 6CYLINDER DIESEL ENGINE,

b) the required delivery date/period of performance and

RDD 9/30/2022, POP 10/14/2022-12/02/2022

c) Its intended use.

Procure two each STEYR SE236E40 6CYLINDER DIESEL ENGINE, WITH ENGINE

MOUNTS, ENGINE FLUIDS, OWNER/OPERATOR MANUALS, RAW WATER PUMP,

HIGH RISE EXHAUST ELBOW, 12V ELECTRICAL SYSTEM(STARTER AND

ALTERNATOR), SOLAS PANEL WITH WIRING HARNESS, SOLAS ENGINE KIT, ZF68

12V ELECTRIC SHIFT TRANSMISSION, RATION 1.514:1.

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

STEYR MOTORS NORTH AMERICA

931 W. 18TH STREET

COSTA MESA, CA 92627

POC R.ALLEY@STEYR-MOTORSNA.COM

II. 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 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.

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

2 Ver 2.0 (01 July 2018)

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: 10.6-002-ALL

b. X 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): STEYR SE236E40.

ii. Identify other vessels with this Make / Model:

T-AO CLASS OF VESSEL

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. X OTHER:

MSC does not have the technical information required to evaluate and determine whether non-OEM components or replacement parts and service are equivalent to OEM components and replacement parts. technical data., software licensing and OEM repair parts to review, test and repair this equipment.

4 _____ UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such