SSJ RUDDER STOCK REFURBISHMENT LC Redacted (N3220521Q2653).pdf

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Date: __06/23/2021_________

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s):

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

1 September 2021 - 30 January 2022

c) its intended use.

REPAIR T-AKE RUDDER STOCK

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

WARTSILA DEFENSE, INC

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. __XX___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. __XX __ RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

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a. Explain what is subject to the restrictive rights. WARTSILA DEFENSE

INCORPORTATED (WDI) HOLDS EXCLUSIVE DRAWINGS AND TECHNICAL

EXPERTISE FOR THE T-AKE RUDDER STOCK SHAFTING. WDI HELP OVERSEE THE

INSTALLATION OF THE RUDDER STOCK (AND ALL OF ITS COMPONENTS)

DURING THE CONSTRUCTION OF THE T-AKE-11 AND ARE THE WARRANTY

APPROVED VENDOR UNDER SHIPBUILDER NASSCO OF SAN DIEGO, CA.

b. If drawings are included, who is identified as �owning� the drawings. WARTSILA DWG

1.1262/1/1 A1, RUDDER PROJECT ARRANGEMENT.

2. __XX___ 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.

WARTSILA DEFENSE INCORPORTATED (WDI) HOLDS EXCLUSIVE DRAWINGS AND

TECHNICAL EXPERTISE FOR THE T-AKE RUDDER STOCK SHAFTING. THEY ARE THE

SUBJECT MATTER EXPERTS FOR THIS EQUIPMENT.

COMSCINST 4490.1 CRITICAL EQUIPMENT REQUIRES PARTS TO COME DIRECTLY 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. __XX ___ OTHER REASON:

a. ___XX __ 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.

SMS NUMBER 10.6-002-ALL LISTS THE STEERING GEAR AS CRITICAL

EQUIPMENT. FAILURE OR DAMAGE OF THE SHIPS STEERING GEAR / SYSTEM

WILL RESULT IN TOTAL LOSS OF SHIP ABILITY TO CONTROL THE SHIP AND

UNABLE TO PERFORM THE PRIMARY MISSION OF PROVIDING UNDERWAY

REPLENISHMENT SERVICES TO THE FLEET, WHICH WILL RESULT IN A C4 CASREP.

THE LOSS OF STEERING CAN ALSO POSE A HAZARD TO THE CREW, DUE TO

LIMITED SHIP MANEUVERABILITY AND IF ANY DAMAGE OCCURS TO THESE

SYSTEMS IT WOULD COST THE GOVERNMENT MILLIONS OF DOLLARS IN AN

EMERGENCY DRY DOCKING TO HAVE THESE SYSTEMS FIXED SO THE SHIP CAN

SAIL.

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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.