BN Sole Source Memo - Circle Seal Check Valve V2 - Signed.pdf

For Official Use Only – See FAR 2.01 and 3.104

Last Updated: January 2020

MEMORANDUM TO THE RECORD

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:

Item 1: Check Valve Technologies, Inc.

Manufacturer: Circle Seal

Part Number 259T1-10PP-0.15

Quantity: 7

Item 2: Check Valve Repair Kit

Manufacturer: Circle Seal

Part Number K/259T1-10PP-0.15

Quantity: 7

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.

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

Last Updated: January 2020

3. ___ OTHER REASONS. Other reason not identified above.

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

The required check valve and associated repair kit are manufactured by Circle Seal and are Original Equipment Manufacturer (OEM) direct replacement parts. This valve functions as a vacuum relief valve used in shipyard, custom designed, water delivery tanker trailers. Water delivery tanker vessels are extremely vulnerable to collapse due to vacuum.

This check valve serves two functions: 1) prevents tank vessel collapse by allowing air to enter the tank, and 2) provides a tight seal to maintain positive pressure when necessary. If this valve fails, the tank will collapse.

The check valve used for this application must have extremely low cracking pressure (0.15 psig) and be capable of forming a tight seal at low pressure (2.5 psig). Attempts to find other suitable brands have proven ineffective in this regard despite claims to the contrary.

This Circle Seal Check Valve is the only valve proven effective for this application on this equipment and similar equipment. Further attempts to find replacement valves would result in a substantial duplication of cost to the Government, in regards to testing and delay of projects, which is not expected to be recovered through competition. Furthermore, if these valves fail, the results would be catastrophic damage to the tank. These Circle Seal valves have been successfully tested and used on this equipment and similar equipment for over 50 years and are likely to be supported by the manufacturer well into the future.

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:

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.

Nuclear Engineer C/2380.5 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.

Contracting Officer Date