FAR Part 13 Sole Source Justisfication Memo.pdf

DDEFENSE LOGISTICS AGENCY

DISTRIBUTION

430 MIFFLIN AVENUE SUITE 3102A

NEW CUMBERLAND, PENNSYLVANIA 17070-5007

MEMORANDUM FOR RECORD

SUBJECT: Sole Source Justification Solicitation number: SP3300-20-Q-0048

REFERENCE: FAR 11.105, DFARS/ PGI 211.105 or FAR 13.106(b)(1)(i)

1. Identification of the Agency and Contracting Activity

DLA Distribution, DLA Distribution Acquisition Operations (J7) BLDG 430 Mifflin Ave New Cumberland PA 17070

2. Describe the contract action, to include the dollar value and the type of limited justification.

DLA Distribution Acquisition Operations (J7) intends to solicit and award a firm-fixed-price purchase order on a sole source basis, to Dempster Sales Inc., CAGE code 09DT8, for dumpster containers to be used in conjunction with a Dempster Dumpster truck located at DLA Distribution Susquehanna Pennsylvania (DDSP). DLA Distribution J7 is conducting this acquisition utilizing the procedures under FAR Part 12 and FAR Part 13. The determination to solicit and award this acquisition on a sole source basis is in accordance with FAR 13.106(b)(1)(i). 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.

3. Description of the Supplies/Services DLA Distribution Susquehanna Pennsylvania (DDSP) has a requirement for the following:

Quantity 4, 4 cubic yard drop bottom Dempster dumpster container, part number 4-DB Quantity 10, 10 cubic yard universal Dempster dumpster container, part number 10-UN

DDSP utilizes the dumpster containers at numerous locations across the depot to collect cardboard, metal banding, and construction debris. The dumpster containers must be compatible for use with the government-owned Dempster Dumpster truck utilized to transport the dumpster containers to the recycling center located at DDSP.

430 MIFFLIN AVENUE SUITE 3102A

NEW CUMBERLAND, PENNSYLVANIA 17070-5007

4. Justification Rationale for Use of Sole Source Restriction of sources for this acquisition is justified in accordance with FAR 13.106(b)(1)(i).

DDSP owns a Dempster Dumpster truck that it uses to transport dumpster containers filled with cardboard, metal banding, and construction debris to the recycling center located at DDSP. Only a Dempster dumpster container is compatible for use with the Dempster Dumpster truck.

This truck is not in need of replacement. The dumpster containers require nine unique connection/hook-up points and operations to successfully operate, transport, and dump these containers. For proper operation of equipment and safety purposes, it is paramount they be an exact fit.

In the past, DDSP has procured and attempted to use universal fabricated dumpsters such as those used with DDSP owned non-Dempster waste trucks. This resulted in money and time lost due to repairs and required modifications that in the end turned out to be unsuccessful. Additionally, there is a considerable safety risk associated with attempting to use non-conforming (non-Dempster) dumpster containers in conjunction with the Dempster truck that could result in severe injury or death should a dumpster container break free from modified connection points while being transported on the roadway.

The Government does not own the technical data and drawings necessary to manufacture these dumpster containers.

5. Market Research and Interested Sources Market research did not reveal any dumpster containers available in the commercial marketplace that are compatible with the Government-owned Dempster Dumpster truck.

6. Determination The contracting officer has determined the Dempster dumpster containers included in this acquisition are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet, or cannot be modified to meet the agency’s needs.

Therefore, this requirement will be specified as a sole source requirement in accordance with FAR 13.106-1(b).

430 MIFFLIN AVENUE SUITE 3102A

NEW CUMBERLAND, PENNSYLVANIA 17070-5007

7. Other Supporting Facts

N/A

8. Fair and Reasonable

9. Certification, Review, and Approval

Reviewed and Approved by: Jennifer D. Fasting

Contracting Officer

FASTING.JEN

NIFER.D.1516

627375

Digitally signed by

FASTING.JENNIFER.D.

1516627375 Date: 2020.02.11 11:26:45 -05'00'