SSJ UPS Battery_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 21 January 2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): __N32205XXXXXXX___________________________

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

ALWAYS ON UPS SYSTEMS CANADA INC.

b) the required delivery date/period of performance and

RDD 1 October 2024

c) its intended use.

MATERIAL FOR USNS HARVEY MILK PSA – WI 306 – UPS BATTERY REPLACEMENT

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

ALWAYS ON UPS SYSTEMS CANADA INC. – DEBORAH BANNISTER –

DEBORAH.BANNISTER@ALWAYSON.COM – 877-259-2976 (234)

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

ON THE FOLLOWING (select all that apply):

A. ____ 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.

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

2 Ver 2.0 (01 July 2018)

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-AO________________________

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): _ ALWAYS ON UPS SYSTEMS - UPS

MODEL NUMBERS: GES-103NX31 10KVA, GES-153NX33 15KVA, GES-153NX31 15KVA,

GES-203NX31 20KVA

ii. Identify other vessels with this Make / Model:

NEW SHIP CONSTRUCTION TAO 205 CLASS

c. __X___ 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:

ALWAYS ON UPS / UPS MODEL NUMBERS: GES-103NX31 10KVA, GES-

153NX33 15KVA, GES-153NX31 15KVA, GES-203NX31 20KVA

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

THE MATERIAL BEING PROCURED IS DESIGNED AND MANUFACTURED

WITH THE SAME SIZE, LENGTHS, DIMENSIONS, MATERIAL MAKE-UP, RATING AND

OPERATIONAL PARAMETERS OF THE CURRENTLY INSTALLED BATTERIES, FANS

AND CAPACITORS AS REQUIRED BY THE OEM FOR THIS CRITICAL PIECE OF

EQUIPMENT. THE MATERIAL BEING PROCURED IS NECESSARY TO ENSURE THE IN

3 Ver 2.0 (01 July 2018)

THE EVENT OF A POWER FAILURE, PROVIDES POWER BACK UP AND PROTECTS

EQUIPMENT FROM DAMAGE FOR CRITICAL SYSTEMS SUCH AS MACHINERY

CONTROL SYSTEM.

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 the 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.