Brand Name Mandatory- KO Signed redacted.pdf

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

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:

JML DOC #: 1063V008 THRU 1063V015 & 1111V307 & V308

Excel Staging Material per attached quote: 1/1/2023 BHI Energy 110 Prosperity Blvd Piedmont, SC 29673 Vendor POC: Rick Peck 864-622-3604

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.

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

THE VENDOR, BHI ENERGY IS PROPRIETARY TO MANUFACTURING AND

CUSTOMIZING EXCEL STAGING. FORM, FIT AND FUNCTION OF THIS PURCHASE IS

REQUIRED TO ENSURE THIS MATERIAL IS COMPATIBLE WITH PNSY'S EXISTING

SUPPLY. BHI ENERGY PROVIDES FULL SERVICE FOR DESIGN, MANUFACTURE

AND DELIVERY TO ENSURE COMPLIANCE WITH ALL OSHA AND FEDERAL

REGULATIONS.

SCAFFOLDING WILL BE USED TO SUPPORT UPCOMING REFUELING PROJECTS.

USE OF EXCEL SCAFFOLDING WILL REDUCE TIME IN THE REACTOR

COMPARTMENT, A HIGH RADIATION AREA, AND RADIATION EXPOSURE.

UPON COMPLETION OF REFUELING, SCAFFOLDING WILL BE RE-PURPOSED FOR

USE WITH EXISTING EXCEL EQUIPMENT, PROVIDING FURTHER COST SAVINGS.

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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from 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, 11.104). Describe how market research indicates o or products lacking the particular feat

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:

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.

/S/ Chris Kruse Chris Kruse 207-438-3912 2/17/2020

Signature Name (Printed) / Phone # Date

B. Contracting Officer Approval:

Signature Name (Printed) / Phone # Date