LSJ signed.pdf

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N3904024Q0088 Brand Name Mandatory Bolt tensioner
Solicitation number
N3904024Q0088
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This document is a Justification for Other Than Full and Open Competition (JOFOC) under the Simplified Acquisition Threshold. It explains the rationale for soliciting from a single source, Bolttech Mannings Inc., for the procurement of 4 hydraulic tensioners, part number CST1074-01, used to support refueling operations.

The key details are:

  • The items are proprietary and only available from the original equipment manufacturer, Bolttech Mannings, through an exclusive licensing agreement. The tensioners are required by a specific NAVSEA technical manual, and new tensioners must be compatible with the existing system.
  • Soliciting from an alternative source would require a lengthy technical review and approval process, resulting in significant time and administrative delays, without any realized cost savings.
  • The requirement is under the simplified acquisition threshold and does not exceed it.
  • The Contracting Officer and the technical/requirements certifier have approved the use of other than full and open competition for this procurement.

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Text version

(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:

JML DOC #: 4019V113 QUANTITY: 4 EACH

THESE ARE HYDRAULIC TENSIONERS, P/N: CST1074-01, USED TO SUPPORT

REFUELING OPERATIONS. THE REQUIRED BRAND NAME/SOLE SOURCE IS

BOLTTECH MANNINGS INC, 103 EQUITY DRIVE, GREENSBURG, PA 15601. VENDOR

POC IS JACLYN VIVEROS, JVIVEROS@BOLTTECHMANNINGS.COM, (201)323-0365.

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.

THIS IS A CUSTOM PART FROM BOLTTECH MANNINGS AND IS REQUIRED BY

NAVSEA TECHNICAL MANUAL 0989-052-9000.

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 IS A CUSTOM PART FROM BOLTTECH MANNINGS AND IS REQUIRED BY

NAVSEA TECHNICAL MANUAL 0989-052-9000. NEW TENSIONERS MUST ALSO BE

COMPATIBLE WITH EXISTING SYSTEM WHICH UTILIZES THE REQUESTED

TENSIONERS.

A DIFFERENT PART WOULD REQUIRE THE SHIPYARD TO REQUEST PERMISSION TO

USE THE NEW PART FROM THE CONTRACT DESIGN AGENCY (CDA). THE CDA WILL

MAKE THE TECHNICAL DECISION IF THE PART IS INTERCHANGEABLE WITH THE

PART LISTED IN THE TECH MANUAL. THIS PROCEDURE CAN TAKE BETWEEN 6

MONTHS TO A YEAR TO RECEIVE AN ANSWER. IN ORDER TO CONSIDER A NEW

PRODUCT THE SAME TESTING WOULD BE REQUIRED AND IF THE ITEM WAS

ACCEPTABLE WOULD HAVE TO BE ADDED INTO CURRENT TECHNICAL

DOCUMENTATION AS AN ACCEPTABLE ALTERNATIVE. THIS PROCESS WOULD

TAKE A SIGNIFICANT AMOUNT OF TIME, ADMINISTRATIVE EFFORTS, AND

FINANCIAL IMPACT, NONE OF WHICH WOULD RESULT IN ANY SIGNIFICANT

REALIZED COST SAVINGS THROUGH COMPETITION.

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.

______/S/ Jeff Turgeon___________ ___Jeff Turgeon x5375____ __1-18-24______

Signature Name (Printed) / Phone # Date

B. Contracting Officer Approval:

Signature Name (Printed) / Phone # Date

2024-02-28T07:48:02-0500
BARKER.ANTHONY.J.1297610399

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