SSJ REDACTED.docx

Date: 3/13/2025

MEMORANDUM

Ref: (a) PR Number(s): ERP #1301237931, REQ # N2319550704073

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

APPLETON MARINE, INC._____________________________________

b) the required delivery date/period of performance and

Period of Performance: July 5, 2025 - August 26, 2025________

c) its intended use.

Cargo Cranes _______________________________

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

APPLETON MARINE, INC.

A. __X__ Only one responsible source (select all that apply):

1. _____ 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.

APPLETON MARINE, INC. has established proprietary rights, limited rights in data, patent rights, copyrights, and/or secret processes in material and services.

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

APPLETON MARINE, INC.

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.

APPLETON MARINE, INC. only sells parts direct. No authorized vendors or other sources available._____________________________________________________________________

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.)

APPLETON MARINE, INC.

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: 7.1-007-ALL, Redlines

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. The Responsible Source has access to equipment, parts, provide service and technical data / drawings as required to properly repair, replace and maintain the equip

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.

Contract Specialist / Date

3 Ver 2.0 (01 June 2018)