Use of Other than Full and Open for SAT-SEEC-FINAL POSTING.pdf

1 Ver 2.0 (01 July 2018)

Date: 11-23-2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301049938

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

Mercury Systems Inc.

(b) The required delivery date/period of performance; and

14 December 2022 – 01 March 2023

(c) Its intended use.

Previous services were provided during Phase 1 interim demonstration with the Spectrum Exploitation for Emission Control (SEEC) system that was developed for Military Sealift Command (MSC) by Mercury Systems Inc. in 2021 under USTRANSCOM contract HTC71118CD003 to monitor own vessel Radio Frequency (RF) emissions while in EMCON conditions are set. MSC is requesting Mercury Systems to setup Phase 2 demonstration to show case the latest improvements to SEEC. The at-sea demonstration, onboard a MSC vessel, will showcase the SEEC systems latest improvements/capabilities, solicit feedback from the end users on further improvements, and to allow prioritization of the additional features and capabilities. Phase 2 will performed in January 2023.

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

Mercury Systems Inc.

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

ON THE FOLLOWING (select all that apply):

1. __X__ Only one responsible source (select all that apply):

A. __X__ RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

(1) Explain what is subject to the restrictive rights.

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Mercury Systems Inc. owns all data and intellectual proprietary rights for the SEEC system.

(2) If drawings are included, who is identified as “owning” the drawings.

Mercury Systems Inc. owns all the drawings to SEEC system.

2. __X__ 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.

At this time, services for the SEEC system are only available from the OEM, Mercury Systems, and the company has no other company that is authorized by the OEM to perform services. Under the a Rapid Innovation Fund (RIF) contract with MSC, Mercury developled the SEEC system that allows the Ship Master to quickly assess whether the vessel is meeting Emissions Control (EMCON) requirements. Mercury Systems Inc owns all the technical data, intellectual property rights, and drawings for the SEEC system.

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.)

N/A

3. __X__ OTHER REASON:

A. __N/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: N/A

B. __N/A___ 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.

(1) Identify Make / Model Number(s): N/A

(2) Identify other vessels with this Make / Model: N/A

(3) __N/A___ 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.

(a) Identify Make / Model of existing equipment:

(b) Describe how the equipment must be compatible with the existing configuration.

(4) __X__ OTHER:

Under the Rapid Innovation Fund (RIF) contract, Military Sealift Command (MSC), Mercury developed a new Spectrum Exploitation for Emissions Control (SEEC) to support a requirement that currently does not exit. A successful technology demonstration in a relevant environment was performed in June 2021 off the US West Coast onboard a T-AO Class vessel. SEEC was able to detect own vessel and surrounding area off-ship emissions that exceeded established EMCON radio-frequency (RF) limits

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(i.e., vessel remains radio silence). This continuation of efforts is intended to incorporate lessons learned, including crews input, from that June 2021 test event, to enable vessels mariners to operate the system with minimum level of expertise and training.

SEEC system builds on existing, proven technology developed for the Army’s Wideband intelligent Radio Frequency Spectrum Detection Exploitation and Monitoring (WISDEM). This effort will mature the technology from the current technology readiness level (TRL) 6 to TRL 7. This effort includes integrating primarily commercial off-the-shelf (COTS) hardware components with software and firmware based on Mercury-developed algorithms for ultra wideband spectral processing, signal detection and characterization, RF propagation prediction, source localization, data networking and visualization.

MSC does not have the manufacturing and technical information required to evaluate and determine whether non-OEM companies can provide technical services for the SEEC system.

4. __N/A__ 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: