24Q0092_NONCOMP_REDACTED.pdf

SWIP Tracking No. GXW-0038

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:

Thern Inc 5712 Industrial Park Road PO Box 347 Winona, MN 55987

CAGE: 12437

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:

The Hoist, Mast Mounted from Thern Inc. provides the Thern Inc Catalog # M452B-S4 in accordance with 8758167. Delivery date is to be and will be used on

Quantity Needed:

Total Cost:

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.

DON SAP Guide Enclosure (3) 2

2. ___ 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.

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

OR

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

Thern Inc. was chosen to be the supplier of the Hoist, Mast Mounted because this particular item is currently on proven successful over their life. There are currently spare parts and supplies for this particular manufacturer and item in supply, if a different manufacturer or item is used approximately of spare parts will need to be discarded and replaced with new items. The have been designed with this particular manufacturer and item number, if a different manufacturer and item number is used an engineering labor and of drafting labor will be required to incorporate changes. This particular brand and item allows known maintenance procedures to be followed and to capitalize on current field knowledge. If another manufacturer or item is used, an additional of tech pub labor to create new maintenance drawings will be required. An approximate of training/ loss productivity will also be incurred.

Quantity Needed:

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:

DON SAP Guide Enclosure (3) 3

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. 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.

Contracting Officer Signature Name (Printed) / Phone # Date

WESSEL.DANIELE.MARIE. Digitally signed by

WESSEL.DANIELE.

Date: 2024.01.03 11:48:40 -05'00'