0509 BAUER MEMO TO FILE.pdf

MEMORANDUM TO THE FILE

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, 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, as 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: Perform preventative and quarterly maintenance on four (4) each air compressors air carts

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

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. Services requires certification by the OEM Bauer Compressors. Bauer Compressors has appointed Safe Air Systems to provide this service for the AOR Region which includes NNSY . Please see the attached memo from Bauer.

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. X_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 bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: 3/2/2024

2. Required delivery date/period of performance: 5/19/2023

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

The maintenance of the Air carts are needed to support critical damage control and firefighting efforts for the waterfront projects. The air carts start up service and quarterly AIR certification is needed before putting them into operation.

SAFE AIR SYSTEMS is the OEM and the only authorized vendor responsible for the start-up and preventative maintenance of equipment. Use of another contractor could result in the following:

1. Forfeiture of equipment warranty

2. Damage to the equipment

3. Injury or death of the person operating the equipment.

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements 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.

5/9/2024

X Patrick A. Craig

Signed by: CRAIG.PATRICK.A.1037173335 _____________________ Patrick Craig/757-536-3295 _____5/9/2024________ Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification/Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date