SAP_Justification_for_clearfire_boiler_24_Jan_2018.pdf

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR 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)(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:

Requirement is for the purchase of two (2) Cleaver-Brooks Falcon, Clearfire Boilers part number

CFV-700-40-150ST (115/1/60). Boilers will be used to replace non-repairable boilers at BB125 needed to supply steam to the mess hall. The required delivery date is 26 January 2018.

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.

The existing boiler room and infrastructure including boiler piping, electrical, and venting is designed around this particular make and model. The new boilers must be able to utilize the existing boiler room and infrastructure without additional modifications or reengineering. The new boilers must also operate as a pair with existing Government owned boilers of this same make and model. Boilers other than the required make and model would not be compatible with the existing infrastructure and boilers. There is no known similar product that would work in this existing configuration.

2. X 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.

C & C Boiler of Charlotte, NC is the only authorized Cleaver-Brooks Representative for this area.