SSJ Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 23 March 2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N21582-XXXX-4001_

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. Procurement of Ship Service Diesel Generator Engine OEM defined repair parts manufactured by Ulstein Bergen A/S, Norway. Ulstein Bergen is now owned by Kongsberg Maritime. Prior to award, Contractor shall provide to MSC Contracting Officer documentation that all parts being provided are new OEM defined repair parts. These parts are required for the 2020 ROH overhaul of the No.3 Ship Service Diesel Generator Engine (Model KVGB-16) onboard USNS PECOS.

a) the name of the required source or brand name

Kongsberg Maritime

145 JAMES DRIVE EAST ST

ROSE, LA 70087

POC: Dennis Brennan

PH#: 504-303-5248

Email: Dennis.Brennan@km.kongsberg.com

b) the required delivery date/period of performance and

Required Delivery Date: 01 April 2021

c) its intended use.

The repair parts are required for the overhaul of the No.3 Ship Service Diesel Generator (SSDG) engine. The No.3 SSDG Engine is critical equipment integral to generation of power aboard the T- AO vessels and essential to the mission of the T-AO vessels.

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

Kongsberg Maritime

145 JAMES DRIVE EAST ST

ROSE, LA 70087

POC: Dennis Brennan

PH#: 504-303-5248

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Email: Dennis.Brennan@km.kongsberg.com

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.

Ulstein Bergen (now owned by Kongsberg Maritime) is the OEM for the Ships Service Diesel Generators. The drawings, process and data necessary to manufacture these repair parts is proprietary to Kongsberg. Repair and replacement parts are required to be OEM parts. No other manufacturer will serve the required repair needs and to procure from other than OEM could be catastrophic to the equipment and ultimately limit mission capability.

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

_____ Ulstein Bergen (now owned by Kongsberg Maritime)._

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-ALL____

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): __Bergen / KVGB-16___

ii. Identify other vessels with this Make / Model:

___T-AO Hulls 194 through 204_______________

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c. _____ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

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 possess or have the data rights to the manufacturing drawings and processes, OEM specifications, material tolerances, and other technical data pertaining to the parts, and is unable to purchase the data rights due to proprietary reasons.

Accordingly, the manufacturing, special tools, and equipment required to manufacture the parts used for the OEM parts is not known to MSC. MSC does not have the manufacturing and technical information required to reverse engineer nor manufacture the parts, and procuring alternative replacement parts will compromise the required reliability and effectiveness of the SSDG installed on the T-AO Class ships.

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: Required Delivery Date: 01 April 2021

c. The reason for the large difference in the number of days is due to ships force trying to trouble shoot the system to see if they could fix the issue. They have not been be able to resolve the issue to date.

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 PROCURMENT: _____$ 496,083_______

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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.

________________________________________________________________ 03/23/2020__________ Requester Signature / Date

_________________________________________________________________003/23/2020__________ Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date