SSJ JLC Purifier Parts_Redacted.pdf

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Date: 12 September 2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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

Alfa Laval Inc.

b) the required delivery date/period of performance and

_________01 December 2022 ____________________

c) its intended use.

Alfa Laval Purifier replacement repair parts on USNS JOHN L CANLEY _

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

Alfa, Laval, Inc.

Cummings-Wagner Co, Inc.

Alfa, Laval, Inc. authorized distributors

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.

a. Explain what is subject to the restrictive rights.

tommy.a.hale Typewritten Text N104-N3220522Q0002 tommy.a.hale Typewritten Text 1301038669

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

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. _____ 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: ___________________________

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):

Make: Alfa Laval Inc. / Model: P636 High Speed Separator

ii. Identify other vessels with this Make / Model:

USS LEWIS B PULLER (TESB 3), USS HERSHEL WILLIAMS (TESB 4) and

USS MIGUEL KEITH (T ESB 5).

c. _X__ 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:

Make: Alfa Laval Inc. / Model: P636 High Speed Sepatator

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

Alfa Laval Inc. as the original equipment manufacturer factory-authorized agent provide parts and technical data/drawings as required by the USCG and ABS regulations. This mandatory regimen maintains all OEM warranties, ensures equipment reliability, and ensures crew safety, therefore precluding consideration of non-OEM parts and not-OEM authorized technical representative services. In order to maintain consistency across the class for installation and logistics, the same model of Purifier parts are required to be procured. The ship’s Purifier system is the only means available for removal of impurities in the Diesel Fuel Marine and Lube Oil for the Main Diesel Generators. The ship will not have the ability to maintain clean fule and lube oil without these purifiers.

d. __X___ OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts. This system requires special tools, specialized repair parts and technical expertise unique to this system. Only approved OEM parts are authorized to be installed for this highly sophisticated system. The OEM representative and its authorized parts provider and service technicians have access to provide parts and technical data / drawings for manufacturer, and as required to properly repair and maintain the equipment.

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: _______________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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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.