4.01b Attch 2 J&A_Redacted.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION SAT

1. Identification of Agency and Contracting Activity

Agency/ Command: JB7 Fuel Department Joint Base Pearl Harbor Hickam

Contracting Activity: NAVSUP FLC PRLH

2. Nature and/or Description of the Action Being Approved

CNIC JB7 Fuel Department seeks a contractor to perform comprehensive preventative maintenance and calibration services on various equipment under its control. All equipment, labor and material to perform the work shall be provided by the contractor.

Annual preventative maintenance, calibration and certification service is required on the following equipment located at CNIC JB Fuels Laboratory, Pearl Harbor, Hawaii:

MFR Model Number Description Serial Number

Alcor

USA

JFTOT 230 IV Jet Fuel Thermal Oxidation Tester 14C 1462

Herzog OptiDist Distillation Unit 05605

Herzog OptiDist Distillation Unit 07380

Herzog OptiDist Distillation Unit 09793

Herzog OptiFlash Cleveland Open Cup Flash Point Detector 400104

Phase PSA-70Xi Pour, Cloud, and Freeze Point Analyzer 201730657

Phase JFA-70Xi-PC

Pour, Cloud and Freeze Point, Viscosity, Density Analyzer 202131096/202431408

Phase JFA-70Xi Freeze Point, Viscosity, Density Analyzer 202431408

Herzog HVM 472 Auto Viscometer 034720056

Herzog HVM 472 Auto Viscometer 194721333

Antek ElemeNtS Total Elemental Combustion Analyzer NL91010310

Antek ElemeNtS Total Elemental Combustion Analyzer NL42210304

Lindberg BF51766A Box Furnace X08G-354591-NH

3. Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value

Preventative maintenance and calibration of equipment needed to perform quality assurance testing required per the MIL STD 3004.

Onsite calibration and PM services of multiple instruments under Petroleum Analyzer Company L.P (PAC) OEM.

Estimated quoted price: $

POP: Up to 12 months after dated contract.

Estimated Dollar Value:

FY/Option/Ordering Period OM&N OPN RDT&E

FY26 0.00 0.00

Subtotals 0.00 0.00

Total

4. Statutory Authority Permitting Other Than Full and Open Competition

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).

J&A #:

Is the requested material or service represents the minimum requirements of the Government Estimated Dollar?

Additional Information Regarding Statutory Authority if Applicable

6.103 1 Only one responsible source and no other supplies or services will satisfy agency requirements.

Procurement Request/Solicitation/Purchase Order Number: N6281326PR00010

Control Number:

I. Background

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

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, the estimated cost/price, and the required delivery date/period of performance

Please reference item 3 above (Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value)

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

A. ONLY ONE RESPONSIBLE SOURCE Yes

1. Restrictive Rights Yes The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government's need.

Performing all OEM recommended preventive maintenance (PM) procedures, diagnostics and calibrations, to ensure reliable and continuous performance of equipment within tolerances and specifications of the manufacturer. PM includes incidental parts replacement, as required to maintain equipment operability and performance. PAC is the Sole Source Certified provider of all PAC instruments, to include Alcor USA, Herzog, Lauda Proline, Phase, Lindberg, and Antek equipment. all equipment is proprietary to PAC.

See Sole Source Letter.

PAC is the Sole Source Certified provider of all PAC instruments, to include Alcor USA, Herzog, Lauda Proline, Phase, Lindberg, and Antek equipment. all equipment is proprietary to PAC.

2. Exclusive Licensing Agreements No 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.

3. Other Reasons No Provide details on mission impact if requirement is not solicited from only one source

B. BRAND NAME No

Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government's requirements and why a "brand name or equal" purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies' similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency's needs

C. UNUSUAL AND COMPELLING URGENCY No

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:

Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government's requirements and why a "brand name or equal" purchase description cannot be used (see FAR 11.1014). Describe how market research indicates other companies similar products and products lacking the particular feature do not meet, or cannot be modified to meet, the agency's need.

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance: 06/18/2026 to 06/17/2027

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as "urgent," estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information:

CERTIFICATIONS/APPROVALS:

TECHNICAL CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Exception to Fair Opportunity and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance

I certify that the facts and representations under my cognizance which are included in this Exception to Fair Opportunity and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Requirements Cognizance