DON SAP Single Source - Bldg 72 Roof PCAS_Redacted.pdf

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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, 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:

Provide the Government with Post Award Construction Services (PCAS) in support of the specifications and plans developed for the design package completed under contract N4008018D0004 task order N4008019F5060 for the replacement of the building 72 roof for the Uniformed Services University of the Health Sciences at Naval Support Activity Bethesda. The period of performance for this requirement would mirror the period of performance for the construction contract; estimated to be 365 calendar days.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

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 from only one source, and why another company could not satisfy the Government’s need.]

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.

Michael T. Foster Architecture (MTFA) and their consultants developed the specifications and drawings for the design that will require the PCAS support. MTFA has direct knowledge

AUG 2018 Page 2 of 3 of the decisions made to develop the basis of design and final specification and design documents. As the Designer of Record (DOR), they are responsible for the constructability and viability of the specifications and plans provided for the design, and any adjustments resulting from errors or omissions in design, or reasonable design revisions due to differing site conditions. MTFA’s inherent knowledge of this design as the DOR allows for them to provide timely responses to the Government for contractor Requests for Information (RFI) and submittal reviews, reducing the risk of Government-caused delays to the schedule and eventual costs that may result. If another Architect & Engineering (A&E) firm were to be solicited, the additional cost and time for that firm to get up-to-speed with the general project and customer requirements, specifications, plans, and basis of design, before being able to provide responses to specific PCAS support items have a high risk of causing detrimental delays to the overall project schedule and budget.

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.

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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.

Terence Heron / 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.

Maryann Hough / Signature Name (Printed) / Phone# Date

07/12/2023

07/31/2023