BRAND NAME MEMORANDUM -_Redacted.pdf

Enclosure (3) 1

MEMORANDUM TO THE FILE

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:

(4 EA) Maximator Air Driven Liquid Pump, Part Number: LSF25-2-VE-NBR-SAE8 Estimated cost:

Required Delivery Date: 9/10/2023

(8 EA) Hydraulic Kit (NBR), Part Number: 3620-4138 (Previously 15.05.00.47-NBR) Estimated cost:

Required Delivery Date: 9/10/2023

(8 EA) Spool Valve Kit, Part Number: 3620-0102 (Previously 15.01.00) Estimated cost:

Required Delivery Date: 9/10/2023

(8 EA) Air Drive Kit, Part Number: : 3620-1444 (Previously 15.08.00.19) Estimated cost:

Required Delivery Date: 9/10/2023

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.

Enclosure (3) 2

3. ___ OTHER REASONS. Other reason not identified above.

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

MaxPro Technologies LSF25-2-VE-NBR-SAE8 is a direct replacement pump for use in A-714 hydrostatic test pump assemblies used by C/2340. A-714 hydrostatic test pump assemblies require model specific pumps due to design characteristics required to fulfill Reactor Plant Manual testing.

Model specific pumps provide the expected layout, connection types, outlet pressures, and flow rates that cannot be 1-for-1 mirrored by other companies’ similar products. Model specific repair kits extend the life of in-service MaxPro Technologies LSF25-2-VE-NBR-SAE8 pumps. Proprietary pump model design prevents use of generic repair kits.

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.