Memo to File - Other than Full and Open (NTE SAT)_Redacted.pdf

MEMORANDUM TO THE FILE

(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.)

Subj: 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:

The contractor shall install an Original Equipment Manufacturer (OEM) new hoses and fittings In Accordance With (IAW) OEM maintenance and service publications. The contractor shall provide OEM certified- technicians, transportation, equipment, tools, materials, supervision, technical expertise, and OEM engineering support to evaluate and install the factory boom camera and associated equipment within the cost limit of this PWS. The Government will supply the OEM boom camera system parts and components to be installed. The period of performance will be after award during the crane’s schedule annual maintenance beginning 1/1/2023.

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. 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.

OEM – Transport Products and service enterprises (TPSE) are the authorized Scheuerle service provider in the United States. They are also the designer, manufacturer, and sole provider of Scheuerle products with in the United States. Scheuerle is the sole provider for parts, contracted services, and contracted maintenance of Scheuerle’s Self Propelled Modular Transporters (SPMT’s) and Power Pack Units (PPU’s).

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

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

Transport Products and service enterprises (TPSE) are the authorized Scheuerle service provider in the United States. They are the Original Equipment Manufacturer authorized representative (OEM). The OEM has proprietary rights to all equipment, products, technical expertise to sell and/or repair grove mobile cranes. The Lifting and Handling Department of Norfolk Naval Shipyard work processes, equipment acquisition, equipment maintenance, and equipment service is governed by the Weight Handling Program Management P-307 Manual owned by the Navy Crane Center. In accordance with the P-307 manual, replacement parts or adding load bearing or load controlling parts shall be identical to those of the original design or follow the requirements of the OEM.

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: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

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 Certification/Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date