E24 Redacted SOLE SOURCE URGENCY MEMORANDUM FOR UNDER 250K Rev B2.pdf

For Official Use Only – See FAR 2.01 and 3.104

Last Updated: January 2020

MEMORANDUM TO THE RECORD

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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:

The contemplated action for approval is the award of a sole source contract with Curtiss-Wright Fleet Solutions to perform the following: Open and inspect the Low Pressure Air Dehydrator (LPAD, PART NO: 10300-60-2) and determine the extent of work required to bring the unit to full operational capability.

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. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Pursuant to FAR 6.302-1, the requirement described above has been determined to be achievable by only one source. Curtiss-Wright is the government authorized OEM and has service agreements for the LPAD. Technical representatives are factory trained and certified to work on this equipment. Curtiss-Wright is the authorized OEM, and the only manufacturer in the United States with access to the OEM drawings and proprietary information, with the technical expertise to perform required repairs and testing. All components and parts are proprietary to Curtiss- Wright and cannot be purchased from other vendors.

Last Updated: January 2020

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.

Curtiss-Wright is the NAVSEA authorized provider for submarine LPADs. Existing units are Curtiss-Wright LPADs (formerly Air-Dry Corporation of America). This complex and highly engineered unit is mandated by NAVSEA for submarine applications. All parts must be OEM provided to ensure proper operation of the units.

3. ___ OTHER REASONS.

B. ___ BRAND NAME.

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: 8/22/24.

2. Required delivery date/period of performance: 9/23/2024 – 9/19/2025.

3. Explanation of why delivery/commencement of services by the date mentioned above is required: PSNS&IMF, in support of a US NAVY Trident Class Submarine, as part of ship repair and maintenance, requires OEM to perform open and inspection of (1) low pressure air dehydrator. All testing and evaluations must be completed and the units successfully restored by end of period of performance in order to return the ship back to the fleet and meet mission scheduling. Failure to maintain the Air Dehydrator could result in jeopardizing mission and schedule. The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. If appropriate, include any additional pertinent information. None.

Last Updated: January 2020

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 Certification: I certify that the facts and representation included in this justification are complete and accurate to the best of my knowledge and belief.