N3904024Q1052 LSJ Redacted SAM.gov.pdf

SAP

Limited Source

Justification Rev

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:

This contract will cover the preventive and corrective maintenance of Hurco brand metalworking machines in building 300. These machines are milling machines used for a wide variety of purposes ranging from refurbishing existing components to creating machine tooling for other production machines. The Hurco Bridge Mill is the only 5 axis machine owned by shop 31 with a bed size that is able to handle the material size needed for milling large components such as hatches, and is unable to be duplicated on other CNC equipment at PNSY, requiring this work to be done offsite, through outside contractors or other shipyards. This would result in lengthy delays to any availability requiring this. These machines are unable to be maintained by shipyard maintenance personnel due to machine complexity, lack of specialized tooling and software. Period of Performance will be one calendar year with options to renew for three additional years.

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.

(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.)

SAP

Limited Source

Justification Rev 09/30/2020

2.

available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

This restriction is due to proprietary technology and unique specifications embedded within the equipment. The maintenance staff at PNSY has not been trained in the specific technology of these machines nor would it be in the best interest of the Government to try and reverse engineer this technology due to the possibly of voiding any warranties or creating additional issues or problems.

The OEM and their associated distributors possess intricate knowledge of their products, making them the sole provider of essential tools, training, and software necessary for maintenance.

There is currently no alternative approach to servicing these machines without an approved OEM vendor that has the technical knowledge and ability to service this proprietary technology. Were the Government to seek the use of different machines to capitalize on machinery that is not limited to proprietary technology would result in the Government incurring a significant amount of cost in administrative expenditures and immediate impact on the work progress these machines support.

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

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.

(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.)