Sole Source Determination below SAT - Redacted.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:

The contemplated action for approval is the award of a sole source contract with RIX Industries to perform the following: Provide technical assistance to troubleshoot and repair the cooling system for No1 HPAC.

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. ___ 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. _X_ 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.

The requirement described above has been determined to be achievable by only one source. RIX Industries is the government authorized OEM for 5R5-75B HPAC. Technical representatives are factory trained and certified to work on this equipment. RIX Industries is the authorized OEM, and the only manufacturer in the United States with access to the OEM drawings and proprietary information, with the technical expertise to perform required repairs and testing. All components and parts are proprietary to RIX Industries and cannot be purchased from other vendors.

These complex and highly engineered units are mandated by NAVSEA for submarine applications. All parts must be OEM provided to ensure proper operation of the units. Casualty Report (CASREP) 25067 DTG 280606Z NOV

25 applies to this action.

OR

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

IV. CERTIFICATIONS/APPROVALS:

See FAR 2.01 and 3.104

Last Updated: Feb 2023

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.

Richard Bolton, C260.8

Typed or Printed Name Technical Representative Signature

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).

Typed or Printed Name Contracting Officer Signature james.kibbee1 Sticky Note Accepted set by james.kibbee1 james.kibbee1 Sticky Note Accepted set by james.kibbee1