SSJ USNS ARCTIC N3220525Q2198 REDACTED.pdf

1 Ver 2.0 (01 July 2018)

Date 06 JAN 2025

MEMORANDUM

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

SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): REQ# N2190750064010 / ERP# 1301217934

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

De Nora Water Technologies Texas LLC (Formerly Severn Trent De Nora Texas LLC)

b) the required delivery date/period of performance and

POP 21 MAY 2025 - 10 SEPTEMBER 2025

c) its intended use.

Procurement of constant tension winches and davit foundation

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

De Nora Water Technologies Texas LLC 1110 INDUSTRIAL BLVD. SUGAR LAND, TX 77478 UNITED STATES Ph:

281-274-8472 Email: HELEN.BAINUM@DENORA.COM

POC: HELEN BAINUM

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.

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

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.

De Nora is the OEM for the 15 MX Multiple Pass Serial Number 04-15MXMP-D003724 Marine Sanitation Device. The MSD is ABS certified and installed on the USNS Arctic (TAOE8). Attached is a letter from Denora Technologies stating the only OMNIPURETM components can be used in the repair of these MSDs to maintain compliance to ABS classification. Use of third party counterfeit parts will void the certification and result in loss of ABS classification. There are no authorized distributors of DeNora components for the 15 MX Multiple Pass MSD.

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 10.6-002-ALL Original “Identification of Critical Equipment” denotes the necessity to perform all SAMM required maintenance actions in a timely manner in order to minimize the potential for casualties. ii. Describe how it applies to the critical piece of equipment: SMS Procedure 10.6-002- AOE Original “Identification of Critical Equipment” Identifies and lists all equipment critical to the safe operation of T-AOE vessels.

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.

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i. Identify Make / Model Number(s):

ii. Identify other vessels with this Make / Model:

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. 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:

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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: $246,076.74

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