23Q0176_REDACTED_NON-COMP.pdf

SWIP Tracking No.N00164-23-SIMACQ-CR-102-0054

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: CleaverBrooks (OEM) and Authorized Distributors 221 Law St.

Thomasville, GA 31792

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: Brand Name Only Modular Hydronic Boiler P/N: CFC-E-700-2000-125HW -STD/CFG. This boiler is used to heat water for building HVAC System.

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.

2. EXCLUSIVE LICENSING AGREEMENTS.

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

SWIP Tracking No.N00164-23-SIMACQ-CR-102-0054

DON SAP Guide Enclosure (3) 2

OR

3. OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

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

CleaverBrooks or Authorized Distributor is required due to the boiler required to meet form, fit and function with existing Government owned equipment. The boiler at 3291 is 20 years old and parts are obsolete. This boiler is used to heat the building and needs to be replaced with same brand boiler as we currently have due to retro fitting.

C. UNUSUAL AND COMPELLING URGENCY.

1. Date on which the requirement was first identified: 03/17/2023

2. Required delivery date/period of performance: 04/17/2023 if possible

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Based on risk ranking and identifying thresholds this boiler is outdated and needs to be replaced.

4. If appropriate, include any additional pertinent information. The Boiler at B-3291 is 20 years old and parts are obsolete. Much cheaper to replace boiler than to replace parts due to being obsolete.

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.