Sole Source E83 N7303393.pdf

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-l(b)(l)(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:

Repairs to Navy Owned Fire Truck: N7303393 (Engine 83) – Estimate # 3063

Requested Vendor: National Wrecker Service Eliot

6 Julie Lane, Eliot, ME 03903 Phone: 207-438-9800

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. _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.

[Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government's need.}

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. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

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

These Emergency Response unit engine is manufactured by Cummins and the process to complete the repairs require that the vendor have specific certification, knowledge and tools.

Any parts to be provided are also vendor specific and there are no comparative aftermarket parts available.

C. ...X...UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: 7/18/25

2. Required delivery date/period of performance: Repairs to be made as soon as possible.

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

The piece of equipment is a Navy owned Engine-Pumper response unit that provide emergency & rescue support to PNSY and their supported Annexes. All reserve units have been depleted and no replacement units are currently available due to the aging fire equipment fleet and the extensive amount of units needing repairs. The down time on these units would substantially effect base operations and safety at all installations and their supported annexes. The engine in this vehicle was manufactured by Cummins and the process to complete the repairs require that the OEM manufacturer due to proprietary software and tools required to restore the unit to operational status. Any parts to be provided are also vendor specific and there are no comparative aftermarket parts available.

National Wrecker is certified to make the repairs and has the required mechanics on staff.

They are a certified Cummins repair facility and parts distributor. The work is requested to be expedited in order to keep base operations fully operational at Portsmouth Naval Ship Yard and their supported Annexes. Repair time is critical to return the units to full service and any unnecessary delays to the repairs, such as open competition, would put property and personnel at Portsmouth Naval Ship Yard and their supported Annexes in unnecessary risk of damage, injury or loss of life in the event of an emergency.

IV. CERTIFICATIONS/APPROVALS:

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.

John Ivey Signature Name (Printed)

757-613-2340 Phone#

7/21/25 Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Date