J_A Sole Source M6700124Q1129.pdf

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 13 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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Base Public Works has a requirement for a quantity of (8) each, Allen Bradley PowerFlex 753 AC Drive, with Embedded I/O, 65 Amps, 50HP ND, 40HP HD, 480 VAC, 3 Phase. The manufacturer’s part number is 20F11ND065JA0NNNNN. The variable frequency drive controls the speed of the submersible sewage pumps that determines flow rate at the lift stations within the Camp Lejeune Wastewater Collections system. The pump lift stations are a critical component that receive a high influent flow rate of wastewater from smaller lift stations and deliver wastewater to the Camp Lejeune Advanced Wastewater Treatment Plant. This is a specific variable frequency drive and was engineered and designed for compatability with the existing PLC’s and submersible sewage ejector pumps at this location. Any other drive would require re-engineering and re-design for compatability. The Required Delivery Date (RDD) is

26 JUL 2024.

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

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

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.

Rockwell Automation is the Original Equipment Manufacturer (OEM) of Allen Bradley products and has proprietary rights for the Allen-Bradley PowerFlex 753 AC Drive.

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.

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

McNaughton-McKay Southeast, Inc. is the only distributor authorized by Rockwell Automation to sell Allen-Bradley equipment in the geographic area in which the North Carolina State Port facility is located.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

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

C. ___URGENT AND COMPELLING. 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:

V. CERTIFICATIONS:

A. 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.

____________________ Jeremy Hardison/451-7190x233 __________ Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

____________________ Taylor Radford /451-7854 __________ Signature Name (Printed) / Phone # Date