SSJ Redacted.docx

Date: 6/21/2023

MEMORANDUM

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

Ref: (a) PR Number(s):REQ. N2900231734033, ERP PO.1301094549

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: Procurement of Howell Laboratories, Inc. Heat Exchanger and Condenser Filter Dehydrator.

a) the name of the required source or brand name Howell Laboratories, Inc

b) the required delivery date/period of performance and 12/29/2023

c) its intended use.

Main Diesel Engine Start Air System TALT 463

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

Howell Laboratories, Inc.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

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: The restrictive rights is the manufacturing and distribution of the Howell Laboratories, Inc. Heat Exchanger and Condenser Filter Dehydrator.

b. If drawings are included, who is identified as “owning” the drawings: Drawing 600- 8613490, Military Sealift Command.

Ver 2.0 (01 July 2018)

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.

American Bureau of Shipping (ABS) Approved Transalt (TALT) Drawing to install a start air dehydrator in the Main Diesel Engine Start Air System specifically requires the use of Howell Laboratories, Inc. Heat Exchanger and Condenser Filter Dehydrator only; or equal units are not authorized for installation.

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.)

Howell Laboratories, Inc. is the only authorized OEM dealership. There are no known distributors authorized for sales.

3. X OTHER REASON:

a. X 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.

i. SMS Procedure Number: 10.6-002-01-AKE

b. _ STANDARDIZATION / BRAND NAME:

i. Identify Make / Model Number(s):

ii. Identify other vessels with this Make / Model:

c. FORM, FIT, AND FUNCTION:

i. Identify Make / Model of existing equipment:

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

d. OTHER:

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 t he 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