Meggers Test Braker LSJ_Redacted.pdf

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:

JMLS PARTS/SERVICE

THE BREAKER, MEGGER CB-360DC, IS USED TO CERTIFY BREAKERS USED

WITHIN US NAVY SHIPS FOR CORRECT WORKING ORDER AND CONDITIONS.

MEGGER CB-360DC: REPLACEMENT OF THE CONTROL PACKAGE

WITH MAC-21 DIGITAL CONTROL PANEL INSTALLATION AND

CALIBRATION.

UPGRADE OF RECTIFIERS & REPLACEMENT OF BUS BARS.

REPLACEMENT OF CONNECTIONS & WIRING.

GENERAL PREVENTATIVE MAINTENANCE WITHIN THE UNIT.

FUNCTIONAL TESTING: PRIOR TO UPGRADING AND REPAIRS OF THE

MEGGER CB-360DC, TESTING THE ANALOG CONTROL PANEL,

RECTIFIERS, BUS BARS, WIRING AND CALIBRATION AND FULL

FUNCTIONALITY

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

MEGGER THE ORIGINAL EQUIPMENT MANUFACTURER (OEM) OF THE

CB-360DC CIRCUIT BREAKER TEST SET CANNOT REPAIR, SERVICE TO SELL

PART TO PNSY DUE TO BEING NOT IN COMPLIANCE WITH FAR SECTION 889

TELECOMMUNICATIONS POLICY.

ETI PRECISION HAS PREVIOUSLY UPGRADED AND RETROFIT CIRCUIT

BREAKER TEST SETS FOR NNSY AND PSNS AND HAS BEEN FOUND TO BE

REPUTABLE AND A GOOD VALUE FOR THE US GOVERNMENT.

A DIFFERENT VENDOR WOULD REQUIRE THE SHIPYARD TO REQUEST

PERMISSION TO USE THE NEW VENDOR FROM THE CONTRACTED DESIGN

AGENCY (CDA). THE CDA WILL MAKE THE TECHNICAL DECISION IF THE

VENDOR IS ACCECTABLE TO PROCEED WITH THE REPAIR OF THE BREAKER.

THIS PROCEDURE CAN TAKE BETWEEN 6 MONTHS TO A YEAR TO RECEIVE

AN ANSWER. IN ORDER TO CONSIDER A NEW VENDOR, THE CDA WOULD

REQUIRE REVIEWING ALL TEST PROCEDURES. THIS PROCESS WOULD TAKE

A SIGNIFICANT AMOUNT OF TIME, ADMINISTRATIVE EFFORTS, AND

FINANCIAL IMPACT, NONE OF WHICH WOULD RESULT IN ANY SIGNIFICANT

RELIZED COST SAVINGS THROUGH COMPETITION.

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

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 Approval:

Signature Name (Printed) / Phone # Date