23Q0032 BNLS_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 22 JUNE 23

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N7027223PR4C918______________________________________________

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 Equipment

b) the required delivery date/period of performance and

POP to be negotiated at time of award Prior to end of September 2023

c) its intended use.

Generators to provide backup power in the event of an emergency or loss of power .

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

Caterpillar Equipment Corp. 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.

2 Ver 2.0 (01 June 2018) b.

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 available from the OEM.

Caterpillar Equipment Corp. as the OEM owns proprietary rights to drawings and design and will only authorize those certified with Caterpillar Equipment Corp. as authorized representatives.

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.

Carter Machinery .

Gregory Poole CAT .

3. _____ OTHER REASON:

a. _____ 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:

b. _____ STANDARDIZATION / BRAND NAME: only the specified make/model of the equipment/parts will satisfy the Governm

i. Identify Make / Model Number(s): ___________________

ii. Identify other systems with this Make / Model:

c. __XX__ 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 C4.4, Caterpillar D604LC, Caterpillar D60-4, Caterpillar D402LC, Olympian D30P6, Olympian D60P1, Generac D2.4

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

3 Ver 2.0 (01 June 2018)

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 damaged 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 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: _ .

4 Ver 2.0 (01 June 2018)

V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement 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.