Use_of_Other_than_Full_and_Open_for_SAT_CARRIER CORP.pdf

1 Ver 2.0 (01 June 2018)

Date: 11 NOV 2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2979142959001

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

Carrier is the OEM for the marine air conditioning chiller units. Authorized technical service company with knowledge and expertise of Unit Model # 30HXS146R-

6-KA

b) the required delivery date/period of performance and

POP: 01- 08 2024

c) its intended use.

Repair and service of Carrier Air Conditioning Units, Model # 30HXS-146R-6-KA

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

Carrier Corporation

276 Quigley Boulevard

NewCastle, DE 19720

(609)235-2839 Charlene.Aceto@Carrier.com

POC: Charlene Aceto

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):

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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.

a. Explain what is subject to the restrictive rights.

Carrier is the OEM for the marine air conditioning chiller units.

Only OEM authorized representatives can inspect and repair these marine-grade units.

They hold or have access to proprietary information and possess expert knowledge required to repair the ship’s AC units and components.

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

Carrier Corporation.

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. __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.

i. SMS Procedure Number: 10.6.002 - lists cooling, communication, and navigation systems as MSC Critical Equipment

b. __XX___ 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): Carrier #30HXS-146R-6-KA

ii. Identify other vessels with this Make / Model: T-EPF Class

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c. _XX_ 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 and Model Number of existing onboard equipment: Carrier

#30HXS-146R-6-KA

ii. Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc.): Must be able to operate with existing systems in order to provide chill water at proper temperatures and pressures. Any deviation would require a costly and time-consuming configuration change.

d. _XX_ OTHER REASONS. Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. The Carrier Air Conditioning system requires specialized parts, tools, and technical expertise unique to this equipment; only authorized OEM parts and service representatives are authorized to work on the sophisticated equipment. The OEM rep has access to provide parts and technical data / drawings / service as required by

USCG and ABS certifications.

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 t he 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 PROCURMENT: ____

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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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date