DON SAP Single Source (N5709662-VACCON)_REDACTED.pdf

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

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

AUG 2018

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:

PWD Great Lakes requires two parts in order to return vacuum truck N5709662 back to service.

The two parts needed are a Pump-Rodder assembly for a VACCON Model 62180S and a Dual-

Fan State motor for a VACTOR Model 62709U. The parts needed to make the vacuum motor operate on the truck.

Naval Facilities Engineering Command Mid-Atlantic (NAVFAC Mid-Lant) requires the following internal parts to meet the Government’s needs to bring unit N570966 back to in service status:

a. Pump-Rodder complete assembly

Manufacturer Part #: VACCON Model 62180S

Delivery: 06/27/2022 – Qty. 1

b. Fan-Dual State motor

Manufacturer Part #: VACTOR Model 62709U

Delivery: 06/27/2022 – Qty. 1

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

COMPETITION IS BASED ON THE FOLLOWING:

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

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

We are precluding consideration of products manufactured by companies other than VACCON because parts from other vendors are incompatible with the truck, which was build by VACCON for NAVFAC. In addition, the cost to repair this truck is far less than acquiring a replacement truck which would cost in excess of $175k. Also, use of VACCON OEM parts is required to maintain the factory warranties on the rest of the vacuum truck system. VACTOR is an OEM part produced by the VACCON company. PWD Great Lakes has the unit disassembled in their shop and is able to install the parts at a significant savings to the government while maintaining all applicable warranties with the truck itself. Any parts made by another company would require modification and recertification in order for the unit to be returned to service and would invalidate any remaining warranties with the rest of the vacuum truck system.

C. _X_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: 12/20/2021

2. Required delivery date/period of performance: 06/27/2022

3. Explanation of why delivery/commencement of services by the date mentioned above is required: The parts are needed to return vacuum truck N570966 back to service. The truck is the only unit of this type at PWD Great Lakes, as a result the cleaning of drains and manholes is six months behind schedule. The base is having some issues of drains backing up during rainstorms as a result. The unit is needed to clean drains and manhole lines for emergency services as needed. The parts described above are OEM replacement parts that will allow the unit to return to service as soon as possible while maintaining the existing warranties. Any non-OEM parts would require additional time to install and require the truck to be re-certified before returning to service and void any existing warranties.

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.

**REDACTED**

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.

**REDACTED**

Signature Name (Printed) Date