JA Sole Source.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION 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).

The government’s requirement is for gas water heaters with heated pump pre-mounted.

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:

96% Thermal Efficiency (AHRI Certified)

Modulating Burner with 5:1 Turndown

Direct-Spark Ignition

Low NOX Operation

Sealed Combustion

Low Gas Pressure Operation

Vertical & Horizontal Direct- Vent

PVC CPVC, Polypropylene or

Stainless Steel up to 100 Feet

PVC/CPVC Sidewall Vent Termination

Stainless Steel Heat Exchanger

All Welded Construction, Gasketless Design

160 psi Working Pressure

ASME Construction (A W 286-801 ) Natural to L.P. Conversion Kit Stainless Steel

Circulating Pump

On/Off Switch

Flow Switch

ASME Temperature & Pressure Relief Valve (286-801 ) Downstream Test Valves (A W

501-801 )

Adjustable Leveling Legs

Tank Sensor

Adjustable High Limit w/ Manual Reset

Automatic Reset High Limit

Condensate Trap

Zero Clearances to Combustible Mate

III. 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. ___ 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. _X_ OTHER REASONS.

The government’s specifications of the requirement is that the heated pump MUST be pre-mounted on the gas water heater. The government does not have the required tools, parts, or the technical capabilities to mount the heated pump onto the gas water heaters. Market research has shown that only one distributor, Matt Marshall & Co, can provide the gas water heaters with the heated pump pre-mounted.

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.

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.

Signature Name (Printed) / Phone # Date