Redacted Sole Source Justification_Wastewater Deliveries.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective November 2023

MEMORANDUM FOR FILE

FROM:

CODE: 633

TO: Code 02 SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (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. 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.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address) As a follow-on to Contract N0016722P0223, wastewater hauling service is required to allow NSWCCD Code 633 to continue testing of a simulated shipboard sewage handling system in the NSWCCD wastewater laboratory using real-world sewage. Testing the system using real-world sewage enables the laboratory evaluation to be more representative of shipboard conditions. The estimated cost for delivery of the sewage loads is (8 base loads and 18 option loads). The anticipated period of performance for the base loads is from date of award through 9/30/2025, and the anticipated period of performance for the option loads is from date of award to one year from date of award.

MANUFACTURER: Magnolia Plumbing, Inc.

ADDRESS: 600 Gallatin St. NE, Washington, D.C. 20017

PHONE: 202-829-8510

POC: Chris Magnolia, chrism@magnolia-companies.com

Estimated Total Price (including options if applicable):

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 wastewater laboratory under Contract N0016722P0223. These deliveries have allowed Code 633 to test the simulated shipboard sewage handling system through FY23 and FY24, as described above. A new contract for additional loads of sewage is necessary to allow Code 633 to continue testing the sewage handling system through FY25, as tasked by the sponsor NAVSEA 05P5/F. Obtaining sewage from the same source and delivery service throughout the multi-year evaluation will provide the continuity necessary to produce reliable evaluation results for the task sponsor NAVSEA 05P5/F.

A. BRAND NAME:

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. Other Reasons:

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, 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. We are currently evaluating commercial systems that are capable of processing non-oily, wastewater aboard U.S. Navy ships to ensure that discharges from ships meet current and anticipated regulation. The success of this mission relies on laboratory evaluations with non-oily wastewater. The non-oily wastewater used in the laboratory has been delivered to us by Magnolia Plumbing, Inc in the past under contract N0016722P0223, which was awarded as a result of an open and competitive solicitation.

Magnolia has delivered 44 loads of sewage to the NSWCCD wastewater laboratory under Contract N0016722P0223 since November 2022, which has allowed Code 633 to test the simulated shipboard sewage handling system, as described above. NAVSEA 05P5/F has tasked Code 633 to continue testing the sewage handling system through FY25. Obtaining sewage from the same source and delivery service throughout the multi-year evaluation will provide the continuity necessary to produce reliable evaluation results for the task sponsor NAVSEA 05P5/F.

The testing described above is very dependent on the type of wastewater being provided from the vendor. In order to compare the various systems, the process/technique used to collect and deliver the wastewater has been acceptable. In the past, other vendors were not providing acceptable water and testing was impacted. Their technique compromised the water, such as too greasy 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.

C. LIMITED SOURCE (FAR 8.405-6):

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, Manufacturer (OEM).

3. Other Reasons:

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.

10/28/2024

Customer/Requestor Signature Name / Title / Phone Date

10/29/2024

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date