SSJ Redacted.docx

Date: __06 July 2023___

MEMORANDUM

Ref: (a) PR Number(s): N2372631494174, ERP 1301089070

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

b) the required delivery date/period of performance and

c) its intended use.

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

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.

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. The sole source for Howell laboratories, Inc. Heat Exchanger and Condenser Filter Dehydrator is required to provide and maintain a safe and reliable Main Diesel Engine Start Air System. Additionally, the Howell laboratories, Inc. Heat Exchanger and Condenser Filter Dehydrator requires testing and ABS Certification.

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

Howell Laboratories, LLC

2. _X__ 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.

____Howell Laboratories Inc. is the OEM of Heat Exchanger and Condenser_

Filter, 9480-G501 and Condenser Filter Inlet and Outlet Hose, 9484-G501___

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: 10.6-002-01-AKE

CRITICAL SHIP EQUIPMENT: The Main Diesel Engine Start Air System is critical ship’s equipment. Failure of which will prevent starting of the Main Diesel Engines which would cause a catastrophic casualty in the event the Main Diesel Engines cannot be started in an emergency situation. This would cause the ship to lose all Electrical Power and Propulsion.

b. _____ 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): _________________

ii. Identify other vessels with this Make / Model: ________

i. Identify Make / Model of existing equipment:

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

d. __X___ OTHER:

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: ______________

d. Estimated production lead time: _________ ____________________

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

3 Ver 2.0 (01 July 2018)