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STERN TUBE FWD MD SEAL SUPPORTING THE USNS MEDGAR EVERS
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N3220522Q0023
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Date: 8 September 2021

MEMORANDUM

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

Ref: (a) USNS MEDGAR EVERS TAKE 13 PR Number(s): N29002-1251-4016

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

FWD AND AFT SHAFT SEAL MATERIAL

b) the required delivery date/period of performance and

RDD 1 NOVEMBER 2021 / POP – 01 MARCH 2022 TO 15 MAY 2022

c) its intended use.

REQUIRED FOR THE DRY-DOCK AND STERN TUBE MAINTENANCE FOR ROH/DD

10 YEAR ABS/COI

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

WARTSILA DEFENSE, INC
3617 KOPPENS WAY
CHESAPEAKE, VA 23323
757-582-1089
JENNA.WHIPKEY@WARTSILADEFENSE.COM
III.THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED
ON THE FOLLOWING (select all that apply):

A. __X___ BRAND NAME SOLE 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 DEFENSE HOLDS THE PROPRIETARY DWG AND THE MACHINE TOLERANCE INFORMATION TO PROPERLY MATE WITH WARTSILA’S DEEP SEA SEAL.

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

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-ALL

· Describe how it applies to the critical piece of equipment: THE NEW STERN TUBE CONNECTING RING IS A CRITICAL ELEMENT OF THE STERN TUBE SHAFT DEEP SEA SEALING SYSTEM. THE CONNECTING RING DIMENSIONS AND FLANGE CHANNEL ARE SPECIFICALLY DESIGNED WITH CRITICAL TOLERANCES FOR MOUNTING OF THE DEEP SEA SEAL.

ii.

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 DEFENSE/WLP001326-000 & W084837235

ii. Identify other vessels with this Make / Model:

THE ENTIRE TAKE CLASS SHIP; SHIP’S 1-14.

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.i.Identify Make / Model of existing equipment: WARTSILA

DEFENSE/WLP001326-000 & W084837235

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

THE NEW STERN TUBE CONNECTING RING MUST MAINTAIN SIZE, SHAPE AND CRITICAL CIRCUMFERENTIAL TOLERANCE’S AFTER MACHINING AND SUBMERSION IN SALT WATER. THE CONNECTING RING SPECIFIED CHEMICAL MAKE-UP IS SPECIFICALLY DESIGNED TO MAINTAIN A CONSISTENT LUBRICITY THROUGHOUT A VARYING RANGE OF SALT WATER TEMPERATURES.

d.X OTHER: Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): 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.
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
the 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 PROCUREMENT:

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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date 4 Ver 2.0 (01 July 2018)

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