JUSTIFICATION N4523A21R0304_Redacted.pdf

For Official Use Only-See FAR2.01 and 3.104

N4523A21R0304

MEMORANDUM TO THE RECORD

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

I.FAR 13.106-l(b)(l)(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., 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 requirement supports maintenance that is defined in contract award. Failure of timely award risks impaired mission capability and impaired underway capability of the asset. The purpose of the proposed acquisition is to provide all necessary materials, travel, and technical representative services to repair, overhaul and test two

(2) ea. Leslie Valves Model in accordance with Original Equipment

Manufacturer (OEM) specifications. This is a Bermingham Controls Leslie Valves Model

; the only authorized OEM, and, due to being the only company with necessary proprietary information and expert capability to perform the work, is the only known source that can provide the required supplies and services. Total estimated dollar value of this procurement is

$99,362.00.

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. _K.._ 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. See OEM Letter from Bermingham in the contract file.

Bermingham Controls is the only Leslie Valve Factory authorized OEM and holds proprietary rights, as well as required expertise for delivery and performance of the required supplies and services. It is the only company authorized in the United States with access to the applicable OEM drawings, OEM parts, and proprietary information required for servicing the Leslie Valves assemblies;

data includes design, drawings, tolerances, and material required for repair, replacement, and maintenance of the Leslie Valves.