SSJ Q2177 Patuxent_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 03 JAN 2025

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1 3 0 1 2 1 6 3 6 8

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: Danfoss Power Solutions/ formally Eaton Corporation

b) the required delivery date/period of performance and: 05 July 2025 or ASAP

c) its intended use: The intended use of the material being procured is to overhaul the shaft brakes on the USNS PATUXENT

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

Danfoss Power Solutions 9919 CLINTON ROAD, CLEVELAND, OH 44144-1077

THE ROWLAND COMPANY, 4900NORTH 20TH STREET, PHILADELPHIA, PA 191444

PALMER JOHNSON POWER SYSTEMS LLC, 1835 HAYNES DRIVE, SUN PRAIRIE, WI 53590-3909

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

BASED ON THE FOLLOWING (select all that apply):

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

1. _XXX_ 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:

Danfoss Power Solutions will only sell direct to authorized distributors. Main Engine Shaft Brakes are considered critical equipment and use of OEM parts is required by SMS procedures. The Main Engine shaft brakes are manufactured by Danfoss Power Solutions. Danfoss Power Solutions is the only known source of Original Equipment Manufacturer (OEM)

2 Ver 2.0 (01 July 2018) replacement parts and repair services for the main engine shaft brakes. OEM Repair parts are necessary due to the complexity and criticality of the shaft brake assemblies. Danfoss Power Solutions has proprietary drawings and manufacturing techniques.

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

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. _XXX_ OTHER REASON:

a. _XXX_ 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-AO

b. _XXX_ 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): T-AO Propulsion Shaft Brakes

ii. Identify other vessels with this Make / Model: T-AO Class

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.