Use_of_Other_than_Full_and_Open_for_SAT_Redacted.pdf
PDF 250 KB Posted
- Attached to
- USNS NEWPORT - SEA CHESTS REPLACEMENT
- Solicitation number
- N3220526Q0087
About this file
This is a Memorandum for the Record documenting a sole source justification for a simplified acquisition threshold procurement. The memorandum justifies why only one source—Bayou Metal Supply, LLC—will be solicited for 10- and 12-inch sea chests required for the USNS NEWPORT. These sea chests provide cooling water for the Auxiliary and Main engines on EPF class vessels, with a required delivery date of April 30, 2027. The procurement PID is N32205-26-RFPREQ-DSM-PM8-0212, and the independent government estimate is redacted.
The justification for sole source procurement is based on restrictive proprietary rights held by Bayou Metal Supply, LLC. The memorandum states that because each sea chest is uniquely manufactured, the proprietary drawings are critical to fabrication and are owned exclusively by the responsible source. Additionally, the source provides essential service, technical data, drawings, equipment, and parts required for proper repair, replacement, and maintenance of the equipment. A key requirement cited is strict American Bureau of Shipping (ABS) compliance, mandating that the Original Equipment Manufacturer (OEM) must be used to ensure ABS approval. The memorandum notes that evaluation of non-OEM components to determine qualification standards compliance would delay procurement, consistent with COMSCINST 4490.1C. The product is not designated as critical ship equipment per COMSCINST 4490.1(series). The justification is structured to comply with FAR 12.102(a) and GSAR 538.7104-3 and -4 requirements for documenting single source determinations under the simplified acquisition threshold.
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Other files
| File | Type | Posted |
|---|---|---|
| Solicitation - N3220526Q0087.pdf | ||
| PERFORMANCE STATEMENT REV A 3-24-001 SEA CHESTS GFM 2024 MTA _.docx | DOCX document |
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Text version
Date: July 15, 2026
MEMORANDUM FOR THE RECORD
Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN
ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD
Ref: (a) PID Number: N32205-26-RFPREQ-DSM-PM8-0212
1. BACKGROUND:
a. For purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, items particular to one manufacturer).
b. As required by FAR 12.102(a) or GSAR 538.7104-3 and -4, this memorandum documents the decision that only one source is or limited sources are available and the basis for the decision.
The requirement does not exceed the simplified acquisition threshold.
2. DESCRIPTION OF PRODUCT OR SERVICE:
a. Description: 10- and 12-inch sea chests for the USNS NEWPORT.
b. Required delivery date or period of performance: RDD: 04/30/2027
c. Intended use: Sea chests provide cooling water for the Auxiliary and Main engines on EPF class vessels.
d. Required Source or Brand Name: Bayou Metal Supply, LLC
e. Independent Government Estimate: $xxx.xx
f. Critical Ship Equipment. Per COMSCINST 4490.1(series) and SMS Procedure 10.6-002-ALL, the required product(s) is/are X is not/are not designated as critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.
3. DETERMINATION (select A, B, or C):
a. ONLY ONE RESPONSIBLE SOURCE: (If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, is left blank.)
MSC Version 3.0 (dtd 6 Feb 2026)
X (1) RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the product or service. Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government's need.
Bayou Metal Supply owns the proprietary rights to the drawings of the sea chests. As each sea chest is uniquely made, the drawings are critical to the fabrication of these pieces. The Responsible Source has access to equipment and parts and provides service and technical data/drawings as required to properly repair, replace, and maintain the equipment. Additionally, strict ABS requirements must be adhered to, and to ensure ABS approves these items, the OEM must be used.
(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. (Complete only a or b below)
(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.
(3) STANDARDIZATION: Per COMSCINST 4790.3, to maintain fleet configuration baseline, only the specified make/model of the equipment/parts will satisfy the Government's needs for additional units or replacement items.
(a) Make and Model:
(b) Other vessels with this Make / Model:
(4) COMPATIBILITY: Product is direct replacement part(s) for existing equipment and must be compatible. Make and Model:
(5) OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.
AS PER COMSCINST 4490.1C, NON-OEM COMPONENTS EVALUATION TO DETERMINE IF
THE NON-OEM COMPONENTS WOULD MEET THE QUALIFICATION STANDARDS WOULD
DELAY PROCUREMENT.
The Responsible Source has access to equipment and parts and provides service and technical data/drawings as required to properly repair, replace, and maintain the equipment. Additionally, there are strict ABS requirements that need to be adhered to, and to ensure ABS approves these items, the OEM must be utilized.
b. BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.
(1) STANDARDIZATION: Per COMSCINST 4790.3, to maintain fleet configuration baseline, only the specified make/model of the equipment/parts will satisfy the Government's needs for additional units or replacement items.
(a) Make and Model:
(b) Other vessels with this Make / Model:
(2) COMPATIBILITY: Product is direct replacement part(s) for existing equipment and must be compatible. Make and Model:
c. URGENCY (C3/C4 Casualty Report). As defined in Naval Warfare Publication 1-03- 1, the supplies or services are of such 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 requirement is based on the following:
(1) Date on which the requirement was identified:
(2) Required delivery date or period of performance:
(3) Explanation of why delivery/commencement of services by the date mentioned above is required.
(4) If appropriate, include any additional pertinent information.
(5) CASREP Number:
4. CERTIFICATIONS AND APPROVALS:
a. Technical / Requirement Certification: I certify that the facts and representations under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.
Approval: I certify that the justification is accurate and complete to the best of my knowledge and belief.
| MEMORANDUM FOR THE RECORD |
| 1. BACKGROUND: |
| 2. DESCRIPTION OF PRODUCT OR SERVICE: |
| 4. CERTIFICATIONS AND APPROVALS: |
File details come from the government source that posted it. Updated .