3193-7998 Sole Source SAT Memo.pdf

Document 3193-7998

Enclosure (3) 1

MEMORANDUM TO THE FILE

Subj: 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.

II. DESCRIPTION OF ITEM OR SERVICE:

ADHESIVE

FIRE-RESISTANT, PIGMENTED WHITE, PALM GRADE

MATL SPEC: MIL-DTL-24244D, TYPE VI, SUBTYPE VIA;

MATL SPEC (CONT): (MIL-DTL-3316D, CLASS 1, GRADE A), SUBTYPE: 714 NG PALM GRADE

VIMASCO P/N: 714 NG PALM GRADE

U/I=CN=5 GAL

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 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.

Manufacturer: VIMASCO CORPORATION

Mfr. Address: P.O. BOX 516, NITRO, WV 25143

Manufacturer Phone #: 304-755-3328, TOLL FREE: 800-624-8288, FAX: 304-755-7153

Manufacturers Dealer/Rep: VIMASCO CORPORATION

Dealer/Rep Address: P.O. BOX 516, NITRO, WV 25143

Phone/POC/Email: 304-755-3328, TOLL FREE: 800-624-8288, FAX: 304-755-7153

Enclosure (3) 2

3. _X__ OTHER REASONS. Other reason not identified above.

-This Lag Seal material is used as a critical component in insulation of nuclear system equipment components and has been “Time in Service” tested and provide a high degree of reliability to not spill during application (a critical characteristic as designated “Palm Grade”). Once installed and cured, it withstands constant vibration, pressure, and temperature changes in an arduous environment. Vimasco Corporation

“714 NG Palm Grade” is reliable when used per the manufacturer’s instructions. Interchanging and intermixing materials made by different manufacturers can result in unpredictable performance, environmental contamination of hazardous waste products due to rework of insulation on nuclear piping and components, and substantial increased cost due to the process of hazardous material cleanup. The practice of intermixing different manufacturer’s materials is unsound and can be dangerous in the critical applications like nuclear components and piping where this material is repetitively used. This material is direct replacement for existing material that has been tested and found to be technically acceptable and reliable.

-The time for an alternate manufacturer’s material to be installed tested for reliability would negatively affect/impact project schedule at a significantly increase cost to the project(s) nuclear work in progress. Competing this material will cause substantial duplication of cost to the government and will not be recovered through competition. It will instead result in unacceptable delays while attempting to fulfill this requirement. See FAR 6.302-1.

*These are “direct replacements” parts/components for existing brand name equipment.

-This is an identical replacement material; original equipment manufacturer (OEM) is Vimasco

Corporation. This Lag Seal material manufactured by Vimasco Corporation meets the required critical composition made of quality components that are essential for reliability. It does not need to initial extensive testing and evaluation for use on nuclear piping and components by Puget Sound Naval Shipyard because the shipyard has already satisfactorily completed functional testing on this material.

*Other information to support a sole-source buy:

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:

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.

QUANTITY:

COST:

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.

Dated Electronic Signature (C/2305.33 Engineering Technician):

Contracting Officer Certification: I certify that the facts and representation included in this justification are complete and accurate to the best of my knowledge and belief.

Dated Electronic Signature (Contracting Officer):