SSJ REDACTED.docx

Date: 17 NOV 2020

MEMORANDUM

Ref: (a) USNS ALAN SHEPARD (T-AKE 3) PR Number(s): N231930303W128

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

DAMPER W/ACTUATOR

a) the name of the required source or brand name

MESTEK INC

b) the required delivery date/period of performance and

21 DEC 2020

c) its intended use.

REPAIR PART FOR DAMPER,FAN,VENT,MACHINERY

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.

MESTEK INC OWNS PROPRIETARY RIGHTS TO THE DRAWINGS OF THE MATERIAL.

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

MESTEK INC

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: 10.6-002-01-AKE

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): MESTEK INC / MFR ID-043642-DAMPER W/ACTUATOR

ii. Identify other vessels with this Make / Model: T-AKE 1-4

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 SERVICE AND REPLACEMENT PARTS OFFERED ARE EQUIVELANT TO THE OEM COMPONENTS AND REPLACEMENT PARTS.

4. __X__ 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: 29 OCT 2020

b. Required delivery date / Period of Performance: 21 DEC 2020

DELAYED DUE TO TECHNICAL RESEARCH

d. Estimated production lead time: ________________

THIS PART IS FOR FIRE PROTECTION FOR THE MAIN SPACE. IF THE MAIN SPACE SHOULD CATCH ON FIRE, HUMAN CAPITAL AND VESSEL MAY BE LOST._

f. CASREP Number: 20043

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)