SSJ_N4044326Q0042_Redacted.pdf
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- Attached to
- USNS GUADALUPE Bridge Equipment Repair
- Solicitation number
- N4044326Q0042
About this file
This is a Memorandum for the Record documenting a non-competitive acquisition justification for bridge equipment under the simplified acquisition threshold. The contracting officer has determined that only Mackay Marine is reasonably available to provide the required services, thereby justifying a single-source procurement rather than full and open competition.
The requirement is for bridge equipment to repair discrepancies in navigational equipment, with Mackay Marine identified as the required source or brand name. The product is not designated as critical ship equipment per COMSCINST 4490.1. The justification for sole sourcing is based on restrictive rights, specifically that only Mackay Marine possesses the capability to service equipment from multiple original equipment manufacturers (OEMs). The contracting officer notes that relying solely on individual OEMs would necessitate three to four separate contracts. The memorandum requires technical certification confirming the accuracy of the facts presented, though specific certification details are redacted. No pricing information, delivery dates, federal agency designation, or contract vehicle type is explicitly stated in the visible portions of the document.
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(1) RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the product or service. Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.
(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. (Complete only a or b below)
(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.
(3) STANDARDIZATION: Per COMSCINST 4790.3, to maintain fleet configuration baseline, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.
(a) Make and Model: _____________________________________________________
(b) Other vessels with this Make / Model: ____________________________________
(4) COMPATIBILITY: Product is direct replacement part(s) for existing equipment and must be compatible. Make and Model: __________________________________________
(5) OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.
b. BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.
(1) STANDARDIZATION: Per COMSCINST 4790.3, to maintain fleet configuration baseline, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.
Only Mackay Marine can service equipment by multiple OEMs. If relying on only the OEMS, 3 to 4 contracts would be required.
(a) Make and Model: ____________________________________________________
(b) Other vessels with this Make / Model: ____________________________________
(2) COMPATIBILITY: Product is direct replacement part(s) for existing equipment and must be compatible. Make and Model: __________________________________________
c. URGENCY (C3/C4 Casualty Report). As defined in Naval Warfare Publication 1-03- 1, the supplies or services are of such 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 requirement is based on the following:
(1) Date on which the requirement was identified: _______________________________
(2) Required delivery date or period of performance: _____________________________
(3) Explanation of why delivery/commencement of services by the date mentioned above is required.
(4) If appropriate, include any additional pertinent information.
(5) CASREP Number: ________________
4. CERTIFICATIONS AND APPROVALS:
a. 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.
File details come from the government source that posted it. Updated .