21Q0207_Attachment 2_LSJ-SS_KOsigned_Redacted.pdf

(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.)

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.

3. PORTSMOUTH NAVAL SHIPYARD (PNSY) CURRENTLY HAS QTY (2) HIGH

PRESSURE WATER SYSTEMS (HPWS) THAT EACH UTILIZE A MAXPRO

TECHNOLOGIES POWER PACK. UPCOMING WORK HAS MADE IT APPARENT

THAT THE CURRENT POWER PACK WILL NOT SUPPLY SUFFICIENT PRESSURE

FOR WHAT IS NEEDED. BECAUSE OF THIS, THE CURRENT POWER PACKS

NEED TO BE REPLACED. PUGET SOUND NAVAL SHIPYARD (PSNSY)

PREVIOUSLY ENCOUNTERED THE SAME CIRCUMSTANCE AND WORKED

WITH MAXPRO TECHNOLOGIES TO CUSTOM DESIGN A POWER PACK THAT

PROVIDES SUFFICIENT PRESSURE AND HAS INLET AND OUTLET FITTINGS

THAT MATCH WITH THE OTHER COMPONENTS OF THE HPWS. PNSY WILL BE

USING QTY (2) HIGHER PRESSURE POWER PACKS ON LOAN FROM PSNSY

UNTIL PNSY CAN REPLACE THEM WITH NEW ONES.

II. DESCRIPTION OF ITEM OR SERVICE:

JML DOC #: 1053V006 QUANTITY: 2 UNIT OF ISSUE: EACH

THE MAXPRO TECHNOLOGIES POWER PACK HIGH PRESSURE PUMP SYSTEM

(MODEL #: MTPP15-W-PP111-HL-N-G-2V-RD) IS DESIGNED FOR WATER

SERVICE AND INCLUDES AN AIR DRIVEN PUMP WITH HAND LEVER, DRIVE

AIR INLET FILTER, PANEL MOUNTED AIR REGULATOR AND PRESSURE

GAUGE, A DRIVE AIR BALL TYPE SHUT OFF VALVE, PORTABLE BASE PLATE

WITH HANDLE AND VERTICAL CONTROL PANEL, HEISE PRECISION

PRESSURE GAUGE, ADJUSTABLE RELIEF VALVE, ISOLATION AND VENT

VALVES, FITTINGS AND TUBING FOR THE HIGH PRESSURE PLUMBING. THE

UNIT CAN BE OPERATED WITH EITHER COMPRESSED AIR DRIVE, OR

MANUAL HAND LEVER OPERATION.

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.

MAXPRO TECHNOLOGIES HAS SPECIFICALLY DESIGNED THIS POWER PACK

TO ACCOMMODATE EQUIPMENT THAT IS ALREADY PRESENT AT PUGET

SOUND NAVAL SHIPYARD (PSNSY) AND PORTSMOUTH NAVAL SHIPYARD

(PNSY). A GENERIC HIGH PRESSURE PUMP SYSTEM FROM AN EQUIPMENT

MANUFACTURER OTHER THAN MAXPRO TECHNOLOGIES WOULD REQUIRE

REPLACEMENT OF ADDITIONAL COMPONENTS WITHIN THE HIGH PRESSURE

WATER SYSTEM (HPWS). REPLACEMENT OF COMPONENTS WOULD REQUIRE

PURCHASE OF NEW MATERIAL, INCREASE LABOR HOURS FOR

MANUFACTURE OF THE NEW COMPONENTS, AND WOULD DELAY THE

PROJECT. BECAUSE PNSY WILL BE USING QTY (2) POWER PACKS ON LOAN

FROM PSNSY, THE NEW POWER PACKS NEED TO BE INTERCHANGEABLE

WITH THE ONES FROM PSNSY TO MINIMIZE LABOR COST, AND TIME

ASSOCIATED WITH REPLACING THE POWER PACKS ON THE HPWS.

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. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

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:

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. Contracting Officer Approval:

___________________ Deana Manfredi / 207-994-0346 _05/05/2021___

Signature Name (Printed) / Phone # Date