SSJ N105-21-Q-0016 TIME DELAY POINT EIGHT_Signed_Redacted.pdf

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Date: __20 November 2020_______

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS CHARLES DREW T-AKE 10 PR Number(s): N2360202744001, N2360202744002

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

PROVIDE AUTHORIZED POINT EIGHT OEM TECHNICAL

REPRESENTATIVE

b) the required delivery date/period of performance and

10 FEBURARY 2021 TO 17 MARCH 2021

c) its intended use.

INSTALLATION OF T-ALT/AER ON THEIR EQUIPMENT IN SUPPORT OF C2 CASREP

19-0019

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

Point Eight Power 1510 Engineers Road Belle Chasse, LA 70037 (504)394-6100

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

ON THE FOLLOWING (select all that apply):

A. __X___ LIMITED 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.

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SWITCHBOARD/SWITCHGEAR OEM AND AUTHORIZED REPS HOLD THE LICENSE FOR THE

PROPRIETARY DIAGNOSTIC SOFTWARE AND ASSOCIATED HARDWARE AND THE

CAPABILITY OF USING THIS SOFTWARE AND HARDWARE DIRECTLY WITH THE EMERGENCY

SWITCHBOARDS INSTALLED ON THE T-AKE CLASS. OEM HAS IDENTIFIED AND CLEARED

AER PROCESS WITH N7 FOR FIX FOR OUTDATED TECHNOLOGY PRESENT IN THE SWITCH

BOARD THAT CURRENTLY MAKES BLACKOUT RECOVERY IMPOSSIBLE.

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.

SMS NUMBER 10.6-002-ALL LISTS ALL EMERGENCY DIESEL GENERATOR (EDG) AS

CRITICAL EQUIPMENT. SWITCHBOARDS ALLOW FOR POWER FLOW FROM EDGS TO

THE REST OF THE SHIP AND IN CURRENT CONFIGURATION UPON LOSS OF SHORE

POWER OR MAIN DIESEL POWER THE EDG CANNOT PERFORM THAT FUNCTION.

PROPER REFURBISHMENT OF THE SWITCHBOARD IS CRITICAL TO THE SAFE

OPERATIONS OF T-AKE VESSEL POWER SYSTEM. NO OPERATION CAN BE

UNDERTAKEN SAFELY WITHOUT IT.

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:

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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. ____ OTHER:

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: _______13 DEC 2019________

b. Required delivery date / Period of Performance: _____10 FEB 2021 – 17 MAR 2021___

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

ORGINIAL ATTEPMPT TO RECIFITFY CASREP WAS DELAYED DUE TO

AVAILABILITY OF THE CONTRACTOR. SINCE THEN DELAYS WERE THE

RESULT OF COVID RESTRICTIONS

d. Estimated production lead time: _______2 WEEKS_______________________

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.)

USNS CHARLES DREW T-AKE 10 WILL NOT BE CAPABLE OF

RECOVERING FROM LACK OF SHORE POWER QUICKLY AND WILL HAVE TO

RELY SOLELY ON EMERGENCY DIESEL GENERATOR TO RECOVER THE MAIN

DIESEL ENGINE PLANT.

f. CASREP Number: ________19-0019_________________________________

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