SSJ N105-21-Q-0005 ECHO SOUNDER SONAR TRANSDUCER_Redacted.pdf

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Date: ___07/15/2020____

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2372601999001________________________

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 Echo sounder sonar Transducer

a) the name of the required source or brand name

Wartsila ELAC

b) the required delivery date/period of performance and

12/1/2020

c) its intended use.

Echo sounder sonar Transducer is used to determine the depth of water by transmitting sound waves into water. System is utilized as a tool for safely navigating the vessel. This procurement will be used to replace the existing faulty equipment onboard the ship.

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

1. __X_ 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.

Wartsila ELAC owns the proprietary rights to the drawings of the equipment/material.

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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. __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: 10.6-002-01-AKE

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): Wartsila ELAC/LAZ 5100 FATHOMETER

SYSTEM WITH 30KHZ TRANSDUCER

ii. Identify other vessels with this Make / Model: USNS LEWIS AND CLARK, USNS SACAGAWEA, USNS ALAN SHEPARD, USNS RICHARD BYRD, USNS ROBERT PEARY, USNS AMELIA EARHART, USNS CARL

BRASHEAR, USNS WALLY SCHIRRA, USNS MATTHEW PERRY, USNS

CHARLES DREW, USNS WASHINGTON CHAMBERS, USNS WILLIAM

MCLEAN, USNS MEDGAR EVERS, USNS CESAR CHAVEZ

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:

LSE-131-IR11, TRANSDUCER, 30kHz, ELEMENT W/HOUSING with 20M CABLE, alternative part number is part number 544098011.

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

Only OEM parts and hardware are to be utilized for the corrective maintenance actions when required. Proper function of the LAZ 5100 FATHOMETER SYSTEM would not be possible without replacement parts that are procured from the OEM.

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d. __X___ OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts.

4. _X__ 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: 13JUL2020__________________________

b. Required delivery date / Period of Performance: _____ 12/1/20 ________________________

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

Requirement was determined during vessels normal operations; maintenance will need to be complete during the next availability of vessel, to dispatch divers and OEM qualified technicians to further diagnosis the equipment casualty. Also, the lead time is 5 months so the RDD cannot be before then.

d. Estimated production lead time: ___________5 months___________________

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.)

Mission Impact is Fathometer in a T-AKE underway restrictive piece of equipment IAW SOLAS CHAP V:19.2.3.1/IMO Resolutions A.694(17). If the fathometer fails, the ship cannot get underway to support mission.

f. CASREP Number: 20-009

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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.