B02.0 Sole Source Determination (less than $250000) Mag Chuck_redacted 1.pdf

See FAR 2.01 and 3.104

Last Updated: Feb 2023

(This is only applicable to acquisitions under the Simplified Acquisition Threshold ($250,000). Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

JML # 4276-4751

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:

OBSIDIAN MANUFACTURING INDUSTRIES to perform OEM Remanufacture of Magna-Lock USA Electromagnetic Chuck, Model HC-42G, serial number 22342. These remanufacturing services will include disassembly of chuck, Removal of old coils and potting compound, winding and installation of new coils, new potting compound, re-seal terminal box, cord, cord grip, nameplate, bolts and reassembly.

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. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Obsidian Manufacturing Industries, Inc. is the original equipment manufacturer for Magna-Lock surface grinders magnetic chucks. Replacement parts must be manufactured to OEM specifications, within engineered tolerances, and manufactured out of OEM material selection to fit into existing machine components, function with existing OEM parts, withstand machine operating functions, and not degrade/corrode due to improper material selection or manufacturing procedures. Going outside the recommended sole source could be detrimental to shipyard equipment and project schedules. The electromagnetic Chuck is currently with Obsidian Manufacturing on an open and inspect JML awaiting approval to perform Rebuild.

See FAR 2.01 and 3.104

Last Updated: Feb 2023

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.

Obsidian Manufacturing Industries, Inc. is the original equipment manufacturer for Arter Precision Grinders, Magna-Lock USA Workholding, and MagnaLift & Power-Grip lift magnets.

OR

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

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.

B. Contracting Officer Determination: Based upon the rational contained herein the Contracting Officer herby determines that the circumstances of the contract action deem only one source reasonably available IAW FAR 13.106-1(b)(1)(i).