22Q0049 BNLS REDACT.pdf

1 Ver 2.0 (01 June 2018)

Date: 11 August 2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s):

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, 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 because 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:

1. Provide a description of the item or service required, to include

a. the name of the required source or brand name

Caterpillar generators at Building M51

b. the required delivery date/period of performance and POP date to be negotiated at time of award

c. Its intended use Preventive maintenance OEM PM Level PM1, PM2, and PM3.

d. List the source(s) or known vendor(s) who are able to provide the above described item or service.

Carter Machinery and known authorized representatives

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

ON THE FOLLOWING (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.

a. Explain what is subject to the restrictive rights.

b. If drawings are included, who is identified as “owning” the drawings.

2. XX 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.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only

2 Ver 2.0 (01 June 2018) available from the OEM.

Carter Machinery Bay Diesel

b. Identify the distributors / authorized technical representatives for the item or service. Provide evidence of the licensing or OEM certification agreement as an attachment to this document.

3. XX OTHER REASON:

a. XX CRITICAL EQUIPMENT: The required item is critical equipment, the failure of which poses a hazard to the operational system, the crew, or the environment.

i. Explanation on how requirement and intended purpose is critical:

The UPS systems protect all MUOS missions during power failures and ensure thqat they are not lost.

b. XX STANDARDIZATION / BRAND NAME: only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s): Eaton 9390 160KVA

ii. Identify other systems with this Make / Model:

c. FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

Caterpillar 3508 and 3512 Generators

ii. Describe how the equipment must be compatible with the existing configuration.

Caterpillar is the OEM and owns proprietary rights to all drawings and design. Use of other than OEM material not only negates warranty for engines but risks degradation and potential catastrophic damage that could result in a greater cost to the government to replace damage or destroyed engines which would create a disruption of operations at a greater cost than the units for their intended purpose.

d. OTHER:

4. 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. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would

3 Ver 2.0 (01 June 2018) injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified:

b. Required delivery date / Period of Performance:

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

d. Estimated production lead time:

e. Explanation of why delivery / commencement of services by the date required is needed:

(explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $94,592