Justification for Grayloc Connectors_Redacted.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

Ref: Purchase Request No. N65923-20-SU-LFOVR

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:

This specification details the Government’s minimum requirements for upgrading the software, orifice meter run, and flow control valves of Test Stand Channel 3. Test Stand Channel 3 is located in Building 137, Fleet Readiness Center East (FRC East), MCAS Cherry Point, NC. Test Stand Channel 3 is used for testing pneumatic butterfly valves at high temperatures and/or pressures. Typical valve size is approximately 2.5 inches. Maximum operating temperature and pressure are 1100°F and 700 psig respectively. Typical airflow rates range from 20-200 lbs. per minute. Grayloc Technology is the original equipment Manufacturer (OEM) for the clamp connectors.

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.

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.

4. ESTIMATED COST: The total estimated dollar value of this requirement is

B. X BRAND NAME

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

Grayloc clamp connectors are used for establishing a non-permanent connection between pipes for the CH3 Test Stand. The Grayloc clamp connectors were specifically designed for use on

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

V 1.3 (28 June 2018) the CH3 Test Stand by Grayloc engineers and technicians on the original CH3 Test Stand design. As the Original Equipment Manufacturer (OEM), Grayloc Technology is the subject matter expert (SME) of the Clamp Connectors and has intimate knowledge of the item. Grayloc

Technology also holds all the proprietary detailed designs/drawings for the Grayloc Clamp

Connectors and control board setup. Grayloc Technology also retains all technical information to include blue prints as well as many of the original design engineers and technicians that where utilized during the design and now upgrade of the CH3 Test Stand. Attempting to bring in a contractor other than original equipment manufacturer for this designed product would be extremely high risk as the new contractor does not own the proprietary data rights for the already completed design of the clamp connectors and therefore would have to complete a new design connector to work with the already manufactured CH3 Test Stand which would then require extensive testing and verification and result in unnecessary delays in schedule.

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:

4. If appropriate, include any additional pertinent information.

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.

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