PR 1301253038 Sole Source Justification_Redacted.pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM:

CODE: 102

TO: Code 02

DATE: 08/04/2025

SUBJECT: Non-Competitive Procurement Justification Memo for Actions Under SAT

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.

2. FAR 8.405-6 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer

3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), 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 (Include manufacture/sole source name and address.)

Fire protection equipment including panels, detectors, switches, and other various components.

Manufacturer: Baltimore Fire Protection Equipment (BFPE) International 7512 Connelley Drive Hanover, MD 21076

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

NSWCCD requires the procurement of fire protection equipment interoperable with the existing Honeywell system fire protections systems located in Buildings 1, 2, and 3. Each building’s system is tied together, requiring one vendor to install and maintain them.

A. BRAND NAME. The item required must be a brand name product, or feature of a product, particular to one manufacturer.

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).

3. Federal Supply Schedule (FSS) IAW FAR 8.405-6(b).

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

4. Other Reasons.

B. SOLE 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. Other Reasons.

BFPE is currently under contract for the integration and installation of the supplies into NSWCCD’s existing Honeywell System (ref: W912BU-21-C-0020). As such, BFPE is will not program/commission fire alarm components procured by others due to liability concerns they cannot assume when taking responsibility for government-furnished equipment as part of the integrated system, creating significant risks to system warranty and leaving liability gaps that sole source procurement through BFPE eliminates.

4. Federal Supply Schedules (FSS): IAW FAR 8.405-6(a)(1)

a. An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

b. Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or

c. In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

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.

B. Certification/Approval: Upon the basis of the above justification and authority, I hereby approve the solicitation of the proposed procurement(s) described herein from a sole source or limited sources,.