Use of Other than Full and Open Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 7/5/21

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2146711404024

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 Install.

APPLETON CRANE OEM Control and Monitoring System (LMI) -Wireless to Wired Up-Grade. T-ALT 19-012 (AER)

a) the name of the required source or brand name

Appleton Marine, Inc.

b) the required delivery date/period of performance and

8/31/2021/ ROH POP: 06 Jan 2021 – 07 March 2021

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):

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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.

The development of an APPLETON replacement up-grade for an unsupportable APPLETON wireless system.

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

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.

The existing Appleton Crane requires the development of an APPLETON replacement LMI up-grade for an unsupportable APPLETON 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.)

3. __X___ OTHER REASON:

a. __X___ 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: 10.4-001 & 10.7-001

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): Applet Crane-EB90-65-36

ii. Identify other vessels with this Make / Model:

_GRAPPLE, GRASP, SAFEGUARD_

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:

Applet Crane-EB90-65-36

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

The original Control & Monitoring system (LMI) is a wireless system and is no longer supported by the OEM & Mfr. The new system is a wired system up-grade and must be compatable with the design features of the existing parameters. The LMI system consists of:

-Boom Angle

-Boom length

-Load Cell

-Anti- 2 Block

All critical information for safe operation of the Crane.

d. ___X__ OTHER: MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification.

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.)

The next period of performance will be the March MTA and the long lead time requires iniation of the procurement process in order to meet the Period of Perfromance.

f. CASREP Number: __

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: ___ __________________