SSJ Redacted.docx

Date: 1 September 2021

MEMORANDUM

Ref: (a) USNS MEDGAR EVERS TAKE 13 PR Number(s): N29002-1250-4015

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

MAIN ENGINE HOSES FOR ROH/DD

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 MAIN DIESEL ENGINE 10YR HOSE REPLACEMENT 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.

HAMPTON RUBBER

A. __X___ "BRAND NAME LIMITED SOURCE" (example: multiple OEM authorized part distributors):

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.

HAMPTON RUBBER CO. IS THE ORIGINAL EQUIPMENT MANUFACTURER (OEM) OF THE T-AKE MAIN ENGINE FUEL OIL FLEX HOSE DOG LEG ASSEMBLY AND OTHER ASSEMBLY HOSES AND HOLDS THE PROPRIETARY DRAWING RIGHTS. HAMPTON RUBBER CO. IS THE MANUFACTURER APPROVED BY ABS THROUGH APPROVED TRANSALT T-AKE 339 TO PROVIDE THE FUEL OIL FLEX HOSE DOG LEG ASSEMBLY FOR THE T-AKE CLASS SHIPS. ANY DEVIATIONS COULD RESULT IN PERSONAL INJURY, FIRE OR EQUIPMENT FAILURE AND DAMAGE. THE OPERATION OF MAIN DIESEL ENGINES MUST MEET REGULATORY REQUIREMENTS BY ABS AND THE US COAST GUARD FOR CREW SAFETY AND REDUCE THE CHANCES OF EQUIPMENT FAILURE WHICH COULD RESULT IN FUEL OIL SPILLAGE OR FIRE. OTHER VENDORS CAN PROVIDE BUT MUST FABRICATE ACCORDING TO DRAWING # 261-8391204.

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: 10.6-002-ALL LISTS THE MAIN PROPULSION DIESEL ENGINE AS CRITICAL EQUIPMENT. FAILURE OF THE FUEL OIL FLEX HOSE COULD RESULT IN FIRE, PERSONAL INJURY, OR EQUIPMENT DAMAGE. FAILURE OF THE FUEL OIL SYSTEM COULD FORCE THE SHIP TO REDUCE THEIR SPEED. A FAILURE OF THE FUEL OIL FLEX HOSE PUTS 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. A REDUCTION OF SPEED WILL POSE A HAZARD TO THE CREW, DUE TO LIMITED SHIP MANEUVERABILITY.

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): HAMPTON RUBBER COMPANY / HRC314-10

ii. Identify other vessels with this Make / Model:

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

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 SERVICE AND REPLACEMENT PARTS OFFERED ARE EQUIVALENT TO THE OEM COMPONENTS AND REPLACEMENT PARTS. T-AKE OIL PURIFIERS AND ITS SUPPORTING SYSTEMS REQUIRE SPECIALIZED PARTS, SPECIAL TOOLS/SOFTWARE, AND TECHNICAL EXPERTISE UNIQUE TO THIS EQUIPMENT; ONLY AUTHORIZED OEM PARTS AND SERVICE ARE AUTHORIZED FOR THIS THIS HIGHLY SOPHISTICATED EQUIPMENT. THE AUTHORIZED OEM HAS ACCESS TO PROVIDE PARTS, TECHNICAL DATA / SOFTWARE PROGRAMMING /DRAWINGS / SERVICE AS REQUIRED BY USCG AND ABS CERTIFICATION FOR MAINTENANCE AND REPAIR.

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:

d. Estimated production lead time:

f. CASREP Number:

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 4 Ver 2.0 (01 July 2018)