SSJ REDACTED.docx

Date: 13 NOVEMBER 2020

MEMORANDUM

Ref: (a) USNS WALLY SCHIRRA TAKE 8 PR Number(s): N23198-XXXX-XXXX

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

TTS MARINE INC./MACGREGOR

b) the required delivery date/period of performance and

RDD 31 DECEMBER 2020 / POP – 07 JANUARY 2021 TO 20 JANUARY 2021

c) its intended use.

REQUIRED FOR THE REPLACEMENT OF THE SHIPS DECK WINDLASS EQUIPMENTS DURING THE VR PERIOD

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

TTS MARINE INC./MACGREGOR

A. __X___ BRAND 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.

TTS MARINE INC./MACGREGOR IS THE OEM FOR THE DECK WINDLASS EQUIPMENTS. THERE IS NO OTHER MANUFACTURE OF THIS MATERIAL.

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-ALL

ii. Describe how it applies to the critical piece of equipment: SMS LISTS ALL THE DECK WINDLASS EQUPMENTS ARE CRITICAL EQUIPMENTS. FAILURE OF ONE DECK WINDLASS WILL FORCE THE SHIP TO REDUCE/LIMITED THEIR CAPABILITIES FOR A SAFE MOORING. THE LOSS OF TWO OR MORE OF THE DECK WINDLASS EQUIPMENTS WILL PUT THE SHIP IN A C-4 STATUS, THUS BECOMING UNABLE TO PERFORM THE PRIMARY MISSION OF PROVIDING UNDERWAY REPLENISHMENT SERVICES TO THE FLEET, WHICH WILL RESULT IN A CASREP. THE REDUCTION OF DECK WINDLASS CAPABILITIES CAN ALSO POSE A HAZARD TO THE CREW, DUE TO LIMITED SHIP MANEUVERABILITY. PROPER REFURBISHMENT AND MAINTENANCE OF DECK WINDLASS EQUIPMENTS ARE CRITICAL TO THE SAFE OPERATIONS OF T-AKE VESSEL.

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): TTS MARINE INC./MACGREGOR

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. THE DECK WINDLASS ARE REQUIRED FOR OPERATION IN ORDER TO FULFILL ITS PRIMARY MISSION TO ALLIED WAR FIGHTING SHIPS IN THE THEATER OF OPERATION. THE FAILURE OF THESE UNITS WILL SEVERELY DEGRADE THE SHIP’S MISSION CAPABILITIES OF SERVICE.

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 Nov 2020

b. Required delivery date / Period of Performance: 31 Dec 2020

d. Estimated production lead time: 3-5 weeks

f. CASREP Number: C-2 20-033 APPLIES

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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 2 Ver 2.0 (01 July 2018)