(D1) Sole Source - Shiplift.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

This action provides for Manufacturer instructed Shiplift Operator and Maintenance Training. Fincantieri Marinette Marine is in the process of modernizing their facility with the inclusion of a new Shiplift system

– While the U.S. Government will not have a role in the day to day operations of the Shiplift, they are required to have an understanding of the inner workings and maintenance of this new apparatus to allow for independent oversight. This course will consist of four days of on-site training in Marinette, WI.

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

Pearlson Shiplift does not outsource this training and is the original manufacturer and installer of this new system. Training provided by other entities would not have the applicable technical details that only Pearlson may be privy to as the design agent. Lack of these details could lead to operational or safety hazards.

SSBA M4226/1 (01-17)

B. _X_BRAND NAME

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

The physical infrastructure and aspects such as control systems which will be used by the shipbuilder were designed by Pearlson. Therefore, it is necessary to have training from the same provider to ensure adequacy, accuracy, and full understanding of the design to ensure safe operations.

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.

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