(D1) Sole Source.pdf

SSBA M4226/1 (01-17)

JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR 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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE

The Munitions Transporter is used to temporarily store and/or move munitions from the ship’s magazines to the munitions elevator then to the flight deck and back. They allow for secure stowage of ordnance in all sea states and can transport ordnance too heavy for personnel to safely carry.

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. _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.

DeVal Lifecycle Support has the exclusive provider and remanufacturing facility for all munitions trailers and transporters for the US Government since 1981. Naval Sea Warfare Center Indian Head is the government lead for procurement of all Ordnance Handling Equipment for US Navy New Construction ships, and they exclusively contract with Deval LSS to provide these Transporters.

SSBA M4226/1 (01-17)

3. _X_OTHER REASONS

Munitions Transporters are 6R Cognizance Code items which mean they cannot be ordered through the standard supply system processes. They must be purchased through a contract directly with the OEM.

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:

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

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.

_____________________________________ Pullen, Matthew J. / (207) 442-5833 Signature Name (Printed) / Phone #

July 17, 2024 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