USNS ERICSSON Clayton Boilers Limited Sole Source JA_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 15JUN2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2152401704002

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

CLAYTON INDUSTRIES

b) the required delivery date/period of performance and

14 DEC 2020 POP 15 MAR– 7 JUN 2021

c) its intended use.

PARTS REQUIRED FOR BOILER TUBE REPLACEMENTS

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

CLAYTON INDUSTRIES, 17477 HURLEY ST, CITY OF INDUSTRY, CA 91744 POC RICKY FLYNN

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

ON THE FOLLOWING (select all that apply):

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

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

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a. Explain what is subject to the restrictive rights.

CLAYTON BOILERS ONLY SELL PARTS FOR THEIR BOILERS. THERE ARE

NO AUTHORIZED THIRD PARTY VENDORS THAT SELL THE OEM PARTS.

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

CLAYTON INDUSTRIES ARE THE REGISTERED OWNERS OF THE DRAWINGS.

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.

CLAYTON INDUSTRIES IS THE ONLY AUTHORIZED VENDOR FOR THE E-204

STEAM GENERATOR. THERE ARE NO AUTHORIZED PARTS PROVIDERS AS STATED ON WEBSITE.

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.)

CLAYTON INDUSTRIES

3. 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. 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): CLAYTON INDUSTRIES, E-204

ii. Identify other vessels with this Make / Model:

USNS DIEHL, USNS TIPPECANOE, USNS GRUMMAN, USNS LENTHALL

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.

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i. Identify Make / Model of existing equipment:

CLAYTON INDUSTRIES BOILER, E-204 MODEL

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

REPLACEMENT COILS MUST FIT EXACTLY WITHIN BOILER. NON-OEM PARTS

MAY NOT BE INSTALLED IN THIS SYSTEM DUE TO ABS AND USCG REGULATIONS.

d. OTHER:

MSC DOES NOT HAVE MANUFACTURING AND TECHNICA L INFORMATION

REQUIRED TO EVALUATE AND DETERMINE WHETHER NON-OEM

COMPONENTS AND REPLACEM ENT PARTS OFFERED ARE EQUIVALENT TO

THE OEM COMPONENTS AND REPLACEMENT PARTS. T-AO ENGINES

REQUIRE SPECIAL TOOLS, SPECIALIZED REPAIR PARTS, AND TECHNICA L

EXPERTISE UNIQUE TO THESE ENGINES, ONLY APPROVED OEM PARTS ARE

AUTHORIZED TO BE INSTALLED ON THIS HIGHLY SOPHISTICATED

EQUIPMENT. THE OEM REP HAS ACCESS TO PROVIDE PARTS AND

TECHNICA L DATA/DRAWINGS FROM THE ORIGINA L MANUFACTURER, AS

REQUIRED TO PROPERLY REPAIR AND MAINTAIN THE EQUIPMENT. ALL

OEM REPAIR PARTS ARE IN COMPLIANCE WITH USCG AND ABS IMO

REGULATORY REQUIREMENTS.

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: 12 WEEKS AFTER AWARD

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.)

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f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT:

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V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.