B2 Sole Source SAT Memo - CVN 73 MS-Valves_Redacted.pdf

See FAR 2.01 and 3.104

Last Updated: Feb 2023

MEMORANDUM FOR THE RECORD (MFR)

(This is only applicable to acquisitions under the Simplified Acquisition Threshold ($350,000). 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 # 5274-5225

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:

Provide OEM repair services for two Leslie Valves, Model PTLHNS-2 assembles: 1 ea 1MS-V446A and 1 ea 1MS- V446B. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, and other items to complete the overhaul, repair and testing of the two Leslie Valves in accordance with OEM specifications.

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.

Bermingham Controls is the exclusive OEM with proprietary design drawings and specifications to restore the Model PTLHNS-2 assemblies.

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.

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

See FAR 2.01 and 3.104

Last Updated: Feb 2023

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.

Typed or Printed Name Technical Representative Signature

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).

Typed or Printed Name Contracting Officer Signature