Use of Other than Full and Open for SAT_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 9 Sep 2025____

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301287477

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

400A MAIN POWER PANEL

40C,H08 BREAKERS W/ GRND FAULT INDMOD

ADD GROUND DETECTION

1. ESG00545893-MB

b) the required delivery date/period of performance and

October 2026 for Nov 26 VRA

c) its intended use.

Parts will be used to upgrade current power panels for the laundry self-service upgrade on Comfort. A 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.

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.

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Eaton owns the data and rights to the breaker being procured. They sell to the Government via distributors who have access to their part numbers and restricted data.

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

Eaton owns the drawings and data rights to this equipment.

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): Eaton 400A MAIN POWER PANEL

ii. Identify other vessels with this Make / Model:

T-AH Class

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: Eaton 400A MAIN POWER

PANEL

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

The power panels 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 manufactures 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.

ESG00545893-MB 400A MAIN POWER PANEL 40C,H08 BREAKERS W/ GRND FAULT

INDMOD ADD GROUND DETECTION.

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.)

f. CASREP Number: _________________________________________