Justification and Approval Pool Chemicals 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

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)(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 requirement is for the purchase of PPG Calcium Hypochlorite with scale inhibitor to maintain proper pH levels and sanitize the water in the Quantico base pool for the 2020 Season.

The total estimated value of this requirement is $ NICE TRY!!!

Brand Name Axiall LLC as follows:

Manufacturer Manufacturer

Part No.

Name and Description Quantity

Axiall LLC

(Pittsburgh

Plate & Glass

(PPG) is the parent company)

Accu-tabs

Tablets

Calcium Hypochlorite 3 inch tablets with Scale

Inhibitor

14,250 lbs.

(total)

Manufacturer: Axiall, LLC

Manufacturer POC and Phone Number: Sales: 717-858-7523

Manufacturer Address: 1000 Abernathy Road NE Suite 1200 Atlanta, GA 30328

Manufacturer’s Dealer/Representative: Puraqua Products, Inc 1880 Langston St, Rock Hill, SC 29730-3375

The required delivery is for scheduled monthly deliveries, beginning May 2020 to September

2020.

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.

Market research has found the pool chemicals required for base pool are commercial in nature and provided by one authorized small businesses. When the pool was built, it had the filtering system put installed that requires the Pittsburg Plate and Glass (PPG) Accu-Tab SI (proprietary) tablets with scale inhibitor to properly chlorinate the water to maintain proper PH levels. Axial

LL is the manufacturer of the PPG calcium hypochlorite tablets. PPG is the parent company for

Axial LLC and has designated territories for suppliers which resulted in a type of geographical control. Hatchik Supply Co. is the company that has geographical control that supplies the required PPG product to our area but is not currently registered in SAM, therefore, Hatchik is hereby not qualified for a Government contract.

The existing Lightweight Water Purification System (LWPS) must use the PPG manufactured product, otherwise it null and voids the existing warranty and could cause issues with the current system and chlorine distribution. Any attempt to utilize a different brand of Calcium Hypochlorite in the filtration system will not only require modifications to the current system, it will also void any type of warranty that is currently on the filtration system.

While Hatchik was given geographical control to sell the proprietary blended product to this area, Puraqua Products Inc, who supplies the PPG chemical to Hatchik will be suppling us with this chemical.

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.

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:

Date on which the requirement was first identified:

1. Required delivery date/period of performance:

2. 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.

XXXXXXXXXXXX XXXXXXXXXXXXXXXX

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.

xxxxxxxxxxxxxxxxxxx

___________________ __Monica Curley 703-432-1668 ______________

Signature Name (Printed) / Phone # Date