B02.0 Sole Source Memorandum Redacted.pdf

For Official Use Only See FAR 2.01 and 3.104

Last Updated: January 2020

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:

Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS&IMF), TRF Bangor, in support of a submarine requires Original Equipment Manufacturer (OEM) to provide HPAC Top End /Air End overhaul of No. 1 & No. 2 HPAC shipboard and test to OEM specifications. RIX Industries is the OEM.

The period of performance is 13 June 2022 to 27 June 2022.

RIX Industries: 4900 Industrial Way, Benicia, CA 94510-1006

Estimated 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. _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.

RIX Industries is the sole designer, developer and manufacturer of the HPAC units onboard The existing installed HPAC units are complex and engineered for submarine applications. NAVSEA requires all repair and replacement parts be OEM per T/M

S9550-CR-MMA-

Therefore, RIX Industries is the only contractor with the requisite knowledge, experience and

Last Updated: January 2020 technical data that can provide the required replacement parts and technical representative services for these compressors.

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.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

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

B. ___ BRAND NAME. 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 purchase description cannot be used (see FAR 11.104). Describe how market research indicates o or products lacking the particular feature do not meet, or cannot

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:

2. Required delivery date/period of performance:

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 production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

Last Updated: January 2020

IV. CERTIFICATIONS/APPROVALS:

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.

Date

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.

Date Contracting Officer