20Q0329_NonComp_Redacted.pdf

SWIP Tracking No. SWXM204425

DON SAP Guide Enclosure (3) 1

MEMORANDUM TO THE FILE

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

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

IDENTIFICATION OF SOURCE:

Benz Metal Products, Inc.

Menomonee Falls, WI. 53051 262-252-4515 Cage Code: 42UN9

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:

This procurement is to obtain a quantity of one fabricated Sponson Structure Support Platform and Air Bearing system as a integration and test fixture to allow assembly and installation of the Sponson Structure in the test facility for integration Estimated Amount of Base Award:

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 required.

DON SAP Guide Enclosure (3) 2

Benz Metal Company is the only source for the Sponson Structure Support Platform and Air Bearing system because they are the only manufacturer of the equipment. It is of their design to Northrop Grumman requirements. Benz Metal retains all intellectual property rights to the design and has not licensed it to any other company

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.

Benz Metal Company does not distribute their design drawing outside the company. The only ordering information available to the Government is the Benz Metal part number. Therefore, this is a sole source procurement because the Government would spend a greater amount of money and miss critical program milestones if it were to redesign and procure the platform system through standard procurement methods.

3.__X__ OTHER REASONS.

Procurement from any other source would incur additional non-recurring engineering cost of , and delay delivery by at least due the need for another company to create a completely new design the platform and air bearing system as well as certify it safe for holding the Sponson structures stably and securely. This additional schedule will delay installation and deployment of critical mission capability to .

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

C. ___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:

DON SAP Guide Enclosure (3) 3

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

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.

Signature Name (Printed) / Phone # Date

B. Certification/Approval.

Upon the basis of the above statements and information justification, I hereby approve, as the Contracting Officer, the solicitation of the proposed procurement(s) using other than full and open competition.

SHIRLEY.BRENT.LELAND.

Contracting Officer Signature Name (Printed) / Phone # Date