Redacted_Non-Competitive Procurement Justification Memo_Wastewater Hauler.pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM:

CODE: 633

TO: Code 02

DATE: 7/31/2025

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.)

Wastewater (graywater and blackwater) hauling service is required to allow NSWCCD Code 633 to perform a laboratory evaluation a wastewater treatment system under consideration for shipboard use. Testing the system using real-world wastewater enables the laboratory evaluation to be more representative of shipboard conditions.

The estimated cost for delivery of the wastewater loads is (14 base loads and 15 option loads). The base and option period of performance is through 9/30/2026.

Manufacturer: Magnolia Plumbing, Inc.

Address: 600 Gallatin St. NE, Washington, D.C. 20017 Phone: 202-829-8510 POC: Chris Magnolia, chrism@magnolia-companies.com

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

Magnolia Plumbing, Inc. (Magnolia) has collected, hauled, and delivered loads of sewage to the NSWCCD Code 633 wastewater laboratory under Contracts N0016722P0223 and N0016725P0024. These deliveries have allowed Code 633 to test simulated shipboard wastewater handling systems in FY23, FY24 and FY25. A new contract for additional loads of wastewater is necessary to allow Code 633 to properly test a wastewater treatment system in FY25 and FY26, as tasked by the sponsors NAVSEA 05P5/F and PMS 321. The wastewater delivery services for Contract N0016725P0024 and this new contract will overlap in FY25 Q4. Obtaining wastewater from the same delivery service for these two contracts will provide the continuity necessary between the two FY25 Q4 wastewater system evaluations in the Code 633 wastewater laboratory, as well as previous evaluations in FY23 and FY24.

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.

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

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).

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. The Wastewater Management Branch, Code 633, is responsible for the evaluation of shipboard treatment systems for non-oily wastewater (graywater and blackwater). We are currently preparing for an evaluation of a prototype treatment system designed to process non-oily wastewater aboard U.S. Navy ships in anticipation of future regulations. The success of this mission relies on a well-run laboratory performance evaluation with non-oily wastewater that is representative of shipboard-generated wastewater. The non-oily wastewater used in the laboratory has been delivered to us by Magnolia Plumbing, Inc in FY23, FY24, and FY25 under contracts N0016722P0223 and N0016725P0024. Contract N0016722P0223 was awarded to them after an open and competitive request. As a result, it was found that Magnolia Plumbing was the only company capable of successfully fulfilling the obligations of the contract in terms of timeliness of delivery and quality of product.

Magnolia has successfully delivered 61 loads of wastewater to the NSWCCD wastewater laboratory under Contracts N0016722P0223 and N0016725P0024 since November 2022, demonstrating consistency in performance and providing quality wastewater. Obtaining wastewater from Magnolia will provide confidence in its representativeness of shipboard conditions and reduce the likelihood of project delays due to the rejections of wastewater loads.

The testing described above is very dependent on the type of wastewater being provided from the vendor. In order to compare the various wastewater systems and provide a real-world representative system influent over the course of the evaluation, the process/technique used to collect and deliver the wastewater must be consistent and acceptable. In the past, other vendors were not providing acceptable water and testing was impacted. Their technique compromised the water, such as too much chemical residue or too much grease from not cleaning their tanks or skimming from the top where grease settles. Other issues were too much debris in the wastewater that damaged the pumps.

The wastewater delivery services for Contract N0016725P0024 and this new contract will overlap in FY25 Q4.

Obtaining wastewater from the same delivery service for these two contracts will provide the continuity necessary between the two FY25 Q4 wastewater system evaluations in the Code 633 wastewater laboratory, as well as previous evaluations in FY23 and FY24.