DON SAP Single Source (Schneider MX1XF) - ELS Redacted.pdf

AUG 2018

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:

This Justification and Approval seeks to require inclusion of a brand name in the solicitation N62470-24-R-0062 MILCON P1062 DBB, Dry Dock 3 Modernization. The specific items being requested is Schneider Electric Shunt Trip Breakers (MX1/XF) 48VDc. The breakers are required to replace breakers in an existing Schneider Electric panel and are necessary as they are a physically dimensioned direct replacement. Authority to name Schneider Electric as a required source is necessary because the products meets the solicitation’s specific needs. The units are being procured under the referenced solicitation which has a period of performance of Jan 2026 to May 2031. The unit’s estimated cost is $14,700.

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.

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.

The existing circuit breakers within Substation P1F are Schneider’s Materpact type NW and NT breakers. Both breaker types are electrically operated. All NW and NT breakers within P1F include Spring Charging Motors, Shunt Trip coils, and Closing coils, which are isolated components from one another. Schneider allows these components to be the same voltage or all different voltages, including DC voltages. A 48VDC shunt trip coil is offered as a direct replacement to the 120VAC coil currently installed in each of the breakers. The shunt trip coils are field serviceable and will require a contractor to rewire them to the 48VDC source compartment.

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.

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.

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.