Redacted Ceramic Coating.pdf

See FAR 2.01 and 3.104

Last Updated: Feb 2023

MEMORANDUM FOR THE RECORD (MFR)

(This is only applicable to acquisitions under the Simplified Acquisition Threshold ($250,000). Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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:

A US Submarine (SSN) requires the new application of ceramic coating installed on wearing area�s of four piston rods. Work performed requires specialized skilled personnel having knowledge, expertise and specialized equipment to accomplish the work.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

LAR (SWPY-4260A) states that A&A�s proprietary procedure NAVY047 Rev B, is the desired procedure for application of ceramic coatings for class submarine RBP Extend/Retract and Lock-in/Lock-out piston rods.

Ceramic coatings applied using this specific procedure have been extensively studied by Penn State University and NAVSEA and were approved by the Navy for this specific application in LAR (SWPY-4260A). Failure to use this procedure during application of ceramic coatings on submarine RBP Extend/Retract and Lock-in/Lock-out piston rods could lead to early catastrophic failure of the ceramic coating system and result in having to bring the ship/s in for immediate repair/s, costing the NAVY weeks and/or months in time and many millions of dollars in repair work. Based on these facts, it has been determined that using A&A�s proprietary procedure NAVY047 Rev B for this work is technically required. Since NAVY047 Rev B is a proprietary procedure, no other vendors are able to do this work per the technically required procedure. A & A holds a patent for their specific ceramic hard coating process.

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.

OR

See FAR 2.01 and 3.104

Last Updated: Feb 2023

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

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. Contracting Officer Determination: Based upon the rational contained herein the Contracting Officer herby determines that the circumstances of the contract action deem only one source reasonably available IAW FAR 13.106-1(b)(1)(i).