Hobbs and Associates - Single Source Determination.pdf

DON SAP SINGLE SOURCE

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:

The Government has an urgent requirement to replace the Chiller at Bldg. 476 at Naval Weapons Station Yorktown. The area which requires cooling is designed to have two chillers installed side by side working in conjunction with each other at all times to provide an average 50% / 50% load capacity needed to achieve optimal balancing in the demand for cooling. One of the chillers (next to building) is now non-operational due to an internal component (multiple coils) failure.

This is considered to be a catastrophic component failure which destroyed the internal components and sub components of the asset (lubrication oil blew oil out of the unit). As a result, there is only one chiller unit supplying cooling to the required area and is running at 100% of the rated capacity. The estimated cost for this procurement is $150,000.00.

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

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: 23 June 2020

2. Required delivery date/period of performance: 60 Days after Contract Award

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

(a) The statutory authority cited above is applicable due to the emergency nature of the work required for the replacement of the faulty chiller and to restore the HVAC system to full capacity with continued and safe operation. The repairs required include the delivery, setup and operation of a temporary chiller while the replacement chiller is ordered and received (2 to 3 week lead time), the replacement of a 145 ton chiller and related components and tear down and removal of the rental chiller.

(b) The repairs required exceed the capabilities of Public Works Department personnel.

Once it was determined that the chiller had failed, market research was conducted to identify possible sources for the services. Hobbs & Associates, Inc., VA is a certified and licensed HVAC installation and repair firm that specializes in HVAC repairs, and is therefore considered more than capable of completing the required repairs in an expeditious manner.

(c) FAR Paragraph 6.302-2, “Unusual and Compelling Urgency”, Sub-section (b) specifically justifies that a contract can be awarded without full and open competition when

“delay in award of a contract would result in serious injury, financial or other to the government”. The repairs are critical to mitigate further damage of additional equipment and HVAC systems. The replacement of the faulty chiller is required to alleviate the potential failure of the second chiller due to overloading of the system since the existing chiller is not designed to operate at 100% capacity.

(d) Hobbs & Associates of Norfolk, VA, was contacted initially on 26 June 2020 by Susan Kuncken, concerning the urgent repair requirements for the faulty chiller at Naval Weapons Station Yorktown.

4. If appropriate, include any additional pertinent information.

This action is a unique one-time emergency requirement to replace the faulty chiller and no further work of this nature is contemplated.

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.

Vance Melanson 757-256-1402 26 June 2020

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.

Susan Kuncken 757-887-4705 26 June 2020 Signature Name (Printed) / Phone # Date