CMM Trailer - Justification_Redacted.pdf

DON SAP SINGLE SOURCE ACQR 6001480 CMM Relocatable Building Purchase

AUG 2018

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 (SAT) Contracting Officers (KO) may solicit from one source if the KO 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 SAT.

II. DESCRIPTION OF ITEM OR SERVICE:

The proposed action is to procure the relocatable facility for Naval Special Warfare (NSW) at Camp Michael Monsoor (CMM). The contractor is required to provide the California Housing and Community Development (HCD) Issued Titles and the relocatable facility condition. The relocatable facility fulfills the mission needs of NSW. The IGE is ;

which is under SAT. NSW will be providing the funds to procure the trailer.

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.

[Explain what rights are restricted, why the restrictive rights make the required item or service available

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.

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

The trailer at CMM was built and leased off contract N6247319D1224/N6247319F5462 and awarded on 28SEP2019 to Fed Con-VC Joint Venture. The scope of the contract was to construct a relocatable facility then lease it to NSW and eventually demo it. P00001 exercised Option 0002 to extend the lease from 28Sep2020 to 27Sep2021. P00002 exercised

Option 0003 to extend lease from 28Sep2021 to 27Sep2022. P00003 exercised Option 0004 to extend the lease from 28Sep2022 to 27Apr2023. Option 0005 demo and removal of the facility was not exercised. Instead of demoing, NSW now intends to procure this facility as a supply purchase order based on a lease cost analysis and relocatable justification approved by CNIC on or about 27Jun23 to continue to meet mission needs.

A competitive acquisition was considered, however, the building is owned and leased by Fed Con-VC Joint Venture in accordance with the initially approved CNIC waiver dated 28Mar2018 and therefore they are the only company that can satisfy this requirement. As a result, a sole source contract to Fed Con-VC Joint Venture to procure the relocatable facility supply PO would be in the best interest to the government.

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

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.

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.

Signature Name (Printed) / Phone # Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Date