SSJ Redacted.docx

Date: August 25, 2021

MEMORANDUM

Ref: (a) PR Number(s): _______________________________________________

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

VERSAMATIC,

b) The required delivery date/period of performance and

RDD December 06 2021

c) Its intended use.

TALT: Take 1-19-544 Bilge Oily Waste Transfer Diaphragm Pump

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

1) ENERGY EQUIPMENT INC. Address: 1633 OAK LAKE BLVD E, MIDLOTHIAN, VA 23112. Phone: (804) 744-7700. POC: MICAH JUSTICE, Email: MJUSTICE@EEIVA.COM

2) GEIGER PUMP & EQUIPMENT CO. Address: 8924 YELLOW BRICK RD, BALTIMORE, MD 21237. Phone: (410) 682-2660

A. _X___ Only one responsible 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.

VERSAMATIC OWNS THE PROPRIETARY RIGHTS TO THE DRAWINGS OF THE MATERIAL.

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

VERSAMATIC

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. _____ 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: ___________________________

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): VERSAMATIC, ELIMA-MATIC, E4 CLAMPED METAL ATEX / E4SA5T5S0-ATEX

ii. Identify other vessels with this Make / Model:

T-AKE CLASS

i. Identify Make / Model of existing equipment:

VERSAMATIC, ELIMA-MATIC, E4 CLAMPED METAL ATEX / E4SA5T5S0-ATEX

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

T-alt 544 calls out authorized material as VERSAMATIC, ELIMA-MATIC, E4 CLAMPED METAL ATEX. Which can only be provided from an authorized distributor.

d. __X__ OTHER:

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. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification for maintenance.

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

1 Ver 2.0 (01 June 2018)