Use of Other than Full and Open for SAT_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 16 Feb 2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD REV 1

Ref: (a) PR Number(s): N3220522PXXXX

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

ELECTRO MOTIVE DIESEL

b) The required delivery date/period of performance and

26 May 2022 through 10 June 2022

c) Its intended use.

Port and Starboard Main Propulsion Diesel Engines Critical Ships Equipment

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

MARINE SYSTEMS, INC.

1401 Precon Drive, Suite 106, Chesapeake, VA 23320 Phone (757) 543-3000 Fax (757) 543-1595

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.

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a. Explain what is subject to the restrictive rights.

Marine Systems INC, (MSI) has proprietary rights to the drawings and parts for the Main which are manufactured by Electro Motive

Diesel. There is no other company that can provide the material required or the Technical Expertise to conduct the maintenance to the Port and Starboard Main Engines, system hence the restrictive rights to this company b.

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.

Electro Motive Diesel is the OEM for the Apaches Main Engines. And are the only company to manufacture OEM parts for repairs and service to the engines.

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.)

MARINE SYSTEMS, INC.

1401 Precon Drive, Suite 106, Chesapeake, VA 23320 Phone (757) 543-3000

Fax (757) 543-1595

3. OTHER REASON:

a. 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-ATF

b. STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only additional units or replacement items.

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.

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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: 04 Jan 2022

b. Required delivery date / Period of Performance: 04-15 April 2022

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

These are the dates are when the Apache is Available for the repair

d. Estimated production lead time: 14 days

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.)

The USNS Apache will be tasked to conduct Towing Operations in May 2022 and require both Main Engines to be fully operational. Failure to accomplish the repairs will prevent Apache from operating under full power during limiting Her ability to be fully mission ready.

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT: