A3_ J_A Other than Full and Open. M022092114491 (Redacted).pdf

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NOTICE OF INTENT TO AWARD SOLE SOURCE CONTRACT
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M62613-22-Q-0017
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Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE M62613-FY22-SSBN-03

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The Portal Crane, OZ12631H, was manufactured by Sumitomo Heavy Industries Material Handling Systems Co., Ltd. Maintenance and inspection of the crane must be conducted by the manufacturer or its affiliate. It has occurred abnormal sound from slewing brake during the normal operation on June 2021. As the result of checking the current condition, we found caliper brake have not been worked properly due to oil shortage etc. The following service is required to maintain the normal and stable operation and avoid any troubles due to aging deterioration of the hoisting sheave since it has been passed 16 years after the first installation of this portal crane.

1. Replacement of caliper brake and necessary piping for slewing devices.

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.

Sumitomo Heavy Industries (SHI) is the copyright holder of blueprints, technical documents, and design specifications of the portal crane. Other companies are unable to provide necessary maintenance and certification as prescribed by the

OEM.

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.

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