1.17 Sole Source JA Washer Dryer.pdf

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:

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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE

SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

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. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the

Government’s requirements and why a “brand name or equal” purchase description cannot be used (see

FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

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: 13 January 2025

2. Required delivery date/period of performance: 1 February 2025

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.

Name (Printed) / Phone # Date

B. Certification/Approval. See FAR 13.501

C. FLCJ Code 200 Approving Official GS-14 or Higher

Technical POC

Signature

Contracting Officer

Signature

Contracting Officer

Signature laura.donson Inserted Text La

OTHER THAN FULL AND OPEN COMPETITION

Pursuant to Title 41 U.S.C. 3304 and 10 U.S.C. 2304(c) each authorize, under certain conditions, contracting without providing for full and open competition.

Each contract awarded without providing for full and open competition shall contain a reference to the specific authority under which it was so awarded.

Contracting without providing for full and open competition shall not be justified on the basis of –

a. A lack of advance planning by the requiring activity or

b. Concerns related to the amount of funds available (e.g., funds will expire) to the agency or activity for the acquisition of supplies or services.

c. The requirement came down last minute.

d. Suggested vendor has done work for the Government in the past.

e. The Government has a good working relationship with the suggested vendor.

It is the responsibility of each activity to provide and certify the data that will support contracting with other than full and open competition procedures. Each justification shall contain sufficient facts and rationale to justify the use of said procurement. It shall have a detailed explanation as to why an item or service can only be provided by one responsible source and no other supplies or services will satisfy agency requirements. Statements such as "only known source", "only source that can meet required delivery date" or “do not substitute” are not adequate. "Urgency" is not a justification. "Must be compatible with existing equipment" is not enough information to constitute a valid sole source justification. An adequate sole source justification shall include the following minimum information:

a. The intended use of the item or service

b. A description of the item to include the critical or unique characteristics of the material or service which are mandatory that limit the requested item to a sole source

c. The reason why no other source can furnish the requested item (e.g. patents, copyrights or other proprietary data).

Sole Source

Sole Source purchases occur when the required supplies or services can be bought from only one source, thereby eliminating all competition.

Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part

6. However, the acquisition team must –

a. Conduct sole source acquisitions, as defined in 2.101, (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraph

(a)(2) of this section;

b. Prepare sole source (including brand name) justifications using the format at FAR Subpart 6.303-

2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41

U.S.C. 1901 or the authority of 41 U.S.C. 1903.

Some valid reasons for a sole source are:

a. Repair parts only available through equipment manufacturer (market survey has been conducted)

b. Compatibility with existing equipment (requires documentation of existing equipment value and special features, which no other manufacturer can provide)

c. The source can / has established proprietary rights in the item or service required

d. The work is so closely related to that of an on-going contract that would not be feasible to consider another potential contractor

e. Similar products lack features that are necessary to meet the Government's minimum needs or other contractors are not qualified to perform necessary services (specific, detailed features or qualifications must be provided in the purchase description or statement of work)

f. Compliance with the agency's standardization program (e.g. Shipboard Copier Program (SCP))

g. National security - disclosure of the agency's needs would compromise the national security

Brand Name

An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer—

a. Does not provide for full and open competition, regardless of the number of sources solicited; and

b. Shall be justified and approved in accordance with FAR 6.303 and 6.304.

Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part

6. However, the acquisition team must –

a. Conduct sole source acquisitions, as defined in 2.101, (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraph

(a)(2) of this section;

b. Prepare sole source (including brand name) justifications using the format at FAR Subpart 6.303-

2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41

U.S.C. 1901 or the authority of 41 U.S.C. 1903.

Unusual and Compelling Urgency

Unusual and Compelling Urgency is a serious situation that can lead to a cascading mission failure.

Within their respective justifications, the Contracting Officer has to not only explain what the compelling urgency is, but also describe the irreparable damage the Government will endure if the award is either delayed or denied. This type of statutory authority is used by the Department of Defense (DoD) during international conflicts or natural disasters.

When the agency’s need for the supplies or services is of such an 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, full and open competition need not be provided for.

This authority applies in those situations where –

a. An unusual and compelling urgency precludes full and open competition, and

b. Delay in award of a contract would result in serious injury, financial or other, to the Government.

Limitations –

a. Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304. These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition.

b. This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances.

Some valid reasons for an Unusual and Compelling Urgency are:

a. A crane rental to transport boats out of the water because a hurricane.

b. An engine part of a ship that is broken down off the coast.

c. New fall protection equipment to replace the damaged equipment.

The continuous need for laundry services is evident as these services are essential for maintaining hygiene, convenience, and the overall well-being of the students. The impact of not providing these services immediately would be severe, affecting the students' ability to focus on their training and potentially causing delays in their educational progress.

The contract is being awarded to Martin and Edwards Associates, who provided services under the prior agreement, to maintain continuity of service and avoid disruption. The vendor owns all washers and dryers currently in place at the specified locations. Transitioning to a new provider would require the installation of new equipment, leading to unacceptable delays and increased costs. Given the urgency of this requirement and the immediate need to avoid service gaps, sole sourcing to the current provider is justified.

A four-month base period is necessary to give Fleet Logistics Center Jacksonville (FLCJ) time to procure a follow-on contract through a competitive bidding process. This time frame allows for:

• Adequate Market Research: Engaging in comprehensive market research to identify potential vendors.

• Solicitation Preparation: Preparing and finalizing solicitation documents to ensure a thorough and fair procurement process.

• Evaluation and Award: Conducting a fair and thorough evaluation process to award the follow-on contract. See paragraph below for explanation.

The inclusion of three one-month options is needed because the previous contract was protested, and the likelihood of another protest is substantial given the history of this procurement action. These options provide flexibility to extend the contract on a short-term basis if needed, ensuring service continuity during any potential protest-related delays. This approach mitigates the risk of service interruptions and allows us to address any unforeseen challenges that may arise during the procurement process.