Use of Other than Full and Open for SAT Redacted.pdf

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Date: ______5 Mar 2024____

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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

Eaton Panelboard and Transformer

1. ESG791305-MB 400A MLO POWER PANEL H08 BREAKERS W/ GROUND FAULT IND

MOD

2. ESG791305-MLO 250A MAIN LUGS ONLY POWER PANEL H08 BREAKERS / NO SPECIAL

MOD

3. V48M28F4916CU 480-208/120 DELTA-WYE TRANSFORMER 3PH NEMA2 150KVA CU

b) the required delivery date/period of performance and

Aug 2025 for the Comfort Sep 2025 MTA

c) its intended use.

Parts will be used to upgrade current power panels for the laundry self-service upgrade on Comfort. New power system will power new washers and dryer equipment.

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

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

ON THE FOLLOWING (select all that apply):

A. X Only one responsible source (select all that apply):

1. __X___ 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.

These are Eaton transformers and as such Eaton only has the necessary drawing and technical data for the correct items to be supplied. The authorized distributors have the necessary insights to procure directly from Eaton as required.

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

Eaton.

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. _____ 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: ___________________________

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):

ESG791305-MB 400A MLO POWER PANEL H08 BREAKERS W/ GROUND

FAULT IND MOD

ESG791305-MLO 250A MAIN LUGS ONLY POWER PANEL H08 BREAKERS / NO

SPECIAL MOD

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V48M28F4916CU 480-208/120 DELTA-WYE TRANSFORMER 3PH NEMA2

150KVA CU

ii. Identify other vessels with this Make / Model:

USNS MERCY (T-AH 19)

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:

ESG791305-MB 400A MLO POWER PANEL H08 BREAKERS W/ GROUND

FAULT IND MOD

ESG791305-MLO 250A MAIN LUGS ONLY POWER PANEL H08

BREAKERS / NO SPECIAL MOD

V48M28F4916CU 480-208/120 DELTA-WYE TRANSFORMER 3PH

NEMA2 150KVA CU

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

The power panels and transformer were specifically designed to work with Comfort and

Mercy’s laundry upgrade T-Alt TAH 19-14014R. The upgrade has already been performed on

Mercy in a previous execution and this project will make both ships match. Failure to purchase these exact power panels and transformers is imperative to ensure the project meets specifications approved by N72, CG, and ABS. Eaton manufacturer the parts but does sell to distributors.

Design has been conducted by the N72 engineering team.

d. X OTHER:

Cross-Class Configuration: This system is currently installed on Mercy. This system must match what Mercy has due to the Comfort/Mercy MSC standardization initiative.

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.)