1.17 Justification redact.pdf

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.

Justification and Approval (J&A) under SAT

MEMORANDUM TO THE FILE

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. Background

II. DESCRIPTION OF ITEM OR SERVICE

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance

Cleaning of ventilation systems on USS Alaska by EMS Ice, Inc. using Patented Cryovent Cryogenic Cleaning Process. POP 03/15/20-05/02/20.

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

FOLLOWING:

A. ONLY ONE RESPONSIBLE

SOURCE

Yes

1. Restrictive Rights No The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. Exclusive Licensing Agreements

Yes 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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the

OEM.

OR

Identify the distributor(s)/authorized technical representative(s) 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 for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank

A clean ventilation system is important for the operability of vital shipboard systems and equipment; the health and safety of ship’s personnel; and the survivability of the ship during damage control event or situation. The ventilation cleaning needs to be completed and back up and running as soon as possible to allow work in the current refit to proceed to meet the USS Alaska underway schedule; to prevent a National Security threat.

EMS Ice Inc. is the owner of a patented process which has been approved by NAVSEA05 for use onboard US Naval Vessels for cleaning shipboard ventilation systems. EMS ICE is the only company to provide this service onboard submarines. As the only provider, EMS ICE is th l tit th t d t thi ti b f k i t l t t

3. Other Reasons No Provide details on mission impact if requirement is not solicited from only one source

B. BRAND NAME No

C. UNUSUAL AND COMPELLING

URGENCY

No

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.

03/04/2020

B. Certification/Approval. See FAR 13.501

03/05/2020

C. Level Above the Contracting Officer

03/05/2020