LSJ KARDEX- Redacted Sig.pdf

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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: Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.

The Portsmouth Naval Shipyard has eleven (11) Kardex Remstar part carousels that contain Project essential material and are required to be serviced yearly. In a sole source letter from the OEM signed and dated June 5, 2025, it is stated that Kardex Remstar LLC is the exclusive authorized factory service organization for all Office, Warehouse, and Government Kardex Remstar equipment. To prevent any negative project impact the Maintenance shop is requesting for this contract to be established no later then 08/30/2025 to ensure that the equipment is properly maintained.

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. X RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Kardex Remstar LLC, located at 41 Eisenhower Drive, Westbrook, Maine, is the sole source provider capable of providing calibration, preventative, and corrective maintenance for Kardex Remstar parts carousels to OEM standards, as required by the Portsmouth Naval Shipyard. The OEM has proprietary equipment and software rights that limit technicians to being Kardex Remstar certified. All their service professionals are required to participate in company-sponsored certification training programs to ensure continued quality service. If the Government were to use non-certified technicians, all equipment warranties would become null and void, and the OEM would not assume any liability for equipment failure or personal injury. It would also likely be difficult to find alternative vendors willing to service the carousels due to the specialized nature of the machines and the potential liability associated with improper maintenance or repair. Furthermore, the use of anything other than new Kardex Remstar factory replacement parts would also void all warranties.

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. A.___ 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. ___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:

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:

IV. CERTIFICATIONS/APPROVALS:

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 Approval:

Signature Name (Printed) / Phone # Date