CP FAR Part 13 Rappel Tower Repairs v3.1 (002).pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR A FAR PART 13 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)(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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

This requirement is for the repairs to the Rappel Course and Confidence Course located at The

Basic School. This is required for the safety of student officers during training. These courses are also essential to the program of instruction, so if they are not repaired student officers will not be able to complete The Basic School as intended. During the inspection, it was determined that the following repairs need to be made:

1. Repair Rappel Tower Deck: 32'x22'6" Deck 2x6 w/ 1 row of 2x8 and 1 of 2x10. Includes removing and refitting anchors.

2. Repair Rappel Tower Stairs/Landings: repair 2 Staircases of Treads (48"), landings decks

(10'6" x 5'2")

3. Repair Rappel Tower Wall Face: repair 2x6 tongue and groove of face. (38'x22'6")

4. Repair Rappel Tower Practice Wall: repair 2x6 wall face (13'2" x 12'4") and deck (6'4" x

12'4")

5. Repair Reverse Climb: repair 7-12' pipes

6. Skyscraper: repair 4 decks

7. Incline Wall: repair wall

8. Beam: repair cap board

9. Swing Stop Jump: repair retaining walls

10. Weaver: repair 3 horizontal poles (12'8"), add lags (8-10") to top of element

11. Confidence Climb: repair 3 horizontal poles (14'8"), replace guy wires (4)

12. Tough One: repair guy wires (4)

13. Repair fall protection netting on the Skyscraper.

14. Repair fall protection netting on the Confidence Climb.

15. Repair fall protection netting on the Tough One.

16. Repair fall protection netting on the Weaver.

17. Repair fall protection pads on the Rappel Course.

The required period of performance is for 30 days, immediately upon award.

Brand Name Challenge Design Innovations, Inc (CDI) maintenance and repair support as follows:

Manufacturer Manufacturer

Part No.

Name and Description Quantity

Challenge

Design

Innovations

N/A course repairs 2

Manufacturer: Challenge Design Innovations, Inc (CDI)

Manufacturer POC and Phone Number: Tel: 828-737-6850

Manufacturer Address: PO Box 219, Pineola, NC 28662

Manufacturer’s Dealer/Representative: Lindsey VanBuren

The required delivery/performance start date is immediately upon award.

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.

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.

Challenge Design Innovations is the only vendor identified that is able to complete these repairs utilizing materials compatible with the current structures. BeaverFit was identified as having experience with similar courses, but these courses are built out of metal instead of wood. In order to be compatible with the existing structures these repairs must be done with the correct materials. Challenge Design Innovations was the only company identified that was able to complete the required repairs without doing a complete overhaul of the existing structures.

Challenge Design Innovations is a reputable company with over forty years of experience working with similar courses utilizing compatible materials. They have a wealth of experience working through the particular safety specifications for these courses which is crucial to the health and safety of student officers at The Basic School. The nature of the rappel course and confidence course is such that any deviations in safety specifications pose an imminent risk to the student officers and cannot be tolerated. Challenge Design

Innovations were the builders of various similar courses at Officer Candidates School and thus have the requisite knowledge and experience to make these repairs in a safe and timely manner. The Basic School only has a short period of time before these courses need to be utilized for the training of student officers and is not able to accommodate either delays or potential safety risks from an inexperienced vendor repairing these courses.

B. ___ BRAND NAME

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

C. URGENT AND COMPELLING. 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: (NOTE: This will require Legal review…also note that having a need for a follow-on, is not urgent and compelling need, it must be “unusual and compelling”. Urgent and compelling hardly ever actually applies!)

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.

V. CERTIFICATIONS:

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.

2021 April 15

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date