2. SSJ_Refractory - CO Signed.pdf

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

MEMORANDUM FOR RECORD

SUBJECT: Use of a Single Source below the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

A. 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).

B. 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 THE SUPPLIES/SERVICES REQUIRED

This acquisition is for the replacement of defective and missing refractory on the rear and front wall bull nose of Generator #3 combustion chamber for the Heat Plant on Malmstrom Air Force Base, Montana. The contractor shall dispose of all materials removed during repair. Contractor shall provide all documentation and inspections required by State and Federal requirements.

III. RATIONALE FOR SOLICITING FROM A SINGLE SOURCE OR BRAND NAME (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 required.

This requirement is to re-tube the back wall of Generator #3 on Malmstrom Air Force Base, which includes replacing refractory.

The heat plant refractory is highly important because it prevents steel from weakening and melting. Refractory has an average life span of 5 years - Midmountain Boiler & Steam provided refractory in 2015 that lasted 7 years. Before them, we awarded contracts to previous contractors that provided refractory for the heat plant that lasted no longer than 1 year. After the year was up, the refractory work had fallen apart and crumbled off the back wall due to poor installation. Not only is this unsafe for the heat plant and its infrastructure, but it also cost the government an extra $35,000 to reconstruct the refractory wall . Therefore, due to the contracting officer's personal acquisition knowledge/history of this kind of requirement, it has been determined that the risk of going with another contractor is simply too high. It would cost the government double the amount of this contract to correct errors to the refractory wall. Additionally, the government would incur the cost of fixing any damages to the buildings infrastructure from the exposure to extreme heat. In total, the average cost would reach approximately $75,000 - $80,000 to fix damages and replace the refractory wall if not done by a responsible contractor. In conclusion, it is the contracting officer's determination that Midmountain Boiler & Steam has proven to be the only responsible source due to their performance history.

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.

3. BRAND NAME

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

4. OTHER REASONS

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

B. 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.

2. Required delivery date/period of performance.

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

4. If appropriate, include any additional pertinent information.

IV. CONTRACTING OFFICER'S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Refer to FAR 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

Typed Name and Rank/Grade of Contracting Officer Karla Michelle Freeling, TSgt, USAF Contracting Officer

Signature of Contracting Offficer

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

Page of

MEMORANDUM FOR RECORD

SUBJECT: Use of a Single Source below the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

A. 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).

B. 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 THE SUPPLIES/SERVICES REQUIRED

III. RATIONALE FOR SOLICITING FROM A SINGLE SOURCE OR BRAND NAME (select all that apply):

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

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.

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

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.

2. Required delivery date/period of performance.

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

4. If appropriate, include any additional pertinent information.

IV. CONTRACTING OFFICER'S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Refer to FAR 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

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