MFR Brand name justification_Redacted.pdf

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:

Delivery of two (2) MaxPro Technolgies Air-Driven Gas Booster Systems

Part No. DLE5-2-NN-M

Estimated Cost: $ assembly

Required Delivery Date: 01/09/2024

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ 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. ___ 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. 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.

This component is part of a complex and critical test equipment assembly.

Equipment manufactured by MaxPro Industries, Inc. has been Time in Service tested and provides a high degree of reliability in reactor plant testing. MaxPro Air-Driven Gas Booster Systems have been custom ordered to provide specific flow and pressure capabilities that are required for their desired reactor plant testing. Additionally, the custom gas booster systems have been ordered to include components specific to the boosters that allow for fine control of flow and downstream pressure as well as provide safety for the equipment and its users. The Gas Booster system being requested has been previously ordered and used in service proving it will perform reliably and meet the requirements for reactor plant testing.

The test assemblies in which these Air-Driven Gas Boosters will be used are designed using commonly used test equipment fittings/components and therefore the boosters are compatible with the surrounding test equipment in all aspects (form, fit, and function).

The boosters must be able to physically connect to the surrounding test equipment and operate/respond as expected when incorporated into the completed test assembly. Use of a different gas booster would require reconfiguration of a proven design and additional suitability testing prior to use shipboard.

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.