UseofOtherthanFullandOpenfor_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 5/11/2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS COMFORT (TAH-20) PROCUMENT PR Number(s): _______________________________

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

OVERHAUL FOUR (4) EACH MAN DIESEL / B&W TURBOCHARGER (V-ENGINE) TYPE

NR26/98

b) the required delivery date/period of performance and

REQUIRED DELIVERY DATE 11 DECEMBER 2020 / POP: 1 JUNE 2020 – 1 DECEMBER 2020

c) its intended use.

FOR REPAIRING TURBOCHARGERS ON MAN DIESEL / B&W ENGINE 12 V 25/30.

TURBOCHARGERS ARE DUE FOR SCHEDULED MAINTENANCE.

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

MAN ENERGY SOLUTIONS

MOTOR SERVICE HUGO STAMP, INC. MSHS

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.

2 Ver 2.0 (01 June 2018)

a. Explain what is subject to the restrictive rights.

THE TURBOCHARGER MANUFACTURER (OEM) IS MAN/ B&W. CURRENTLY

KNOWN AS MAN ENERGY SOLUTION. MAN HAS PROPRIETARY

INFORMATION FOR THE NR26/98 TURBOCHARGER. THESE INCLUDES TO

MATERIAL SPECIFICATIONS, DIMENSIONS, TOLERANCES AND TESTING

SPECIFICATIONS.

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

MAN/B&W

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.

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.)

MAN ENERGY SOLUTIONS

MOTOR SERVICE HUGO STAMP, INC. MSHS

3. _____ 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: 10.6-002-ALL “IDENTIFICAITON OF CRITICAL

EQUIPMENT”

FAILURE OF THE AUXILIARY DIESEL ENGINE (ADG) WILL PUT THE

SHIP IN A C-4 STATUS, THUS BECOMING MAJOR IMPACT TO

MEDICAL READINESS. THE ADG SUPPLIES ELECTRICAL POWER TO

ALL MEDICAL EQUIPMENT INCLUDING OXYGEN PRODUCING

SYSTEMS.

b. _____ 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): ___________________

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.