Sole Source Justification.docx

SOLE SOURCE JUSTIFICATION FOR CEMS ANNUAL MAINTENANCE

From: Code 633

To: Cognizant Code 02 Acquisition Branch Subj: SOLE SOURCE JUSTIFICATION

1. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES, ESTIMATED VALUE, AND DELIVERY REQUIREMENTS

This is for the award of a Firm Fixed Price Supply contract on a sole source basis for annual servicing of the existing Northern Engineering Continuous Emissions Monitoring System (CEMS) located in NSWCCD, repair parts, and testing (on-site at NSWCCD) to Northern Engineering Incorporated. The repair parts to be supplied by Northern Engineering are listed in the below table:

Manufacturer:

Northern Engineering 37 Corneau Way South Windsor Connecticut 06074

2. SUPPORTING DOCUMENTATION FOR SOLE SOURCE BASED ON CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION

The CEMS is part of the Thermal Destruction Test and Evaluation Facility in Building 63. The situation for this sole source justification is that of a follow on contract. The Northern Engineering CEMS was previously selected as a result of full and open competition for the construction and yearly/quarterly maintenance of the CEMS system. The CEMS is used for measuring, recording, and reporting of exhaust emissions from thermal destruction systems being tested. The most recent contract with Northern for maintenance of the system and to perform audits of exhaust gases was N00167-17-P-0238. The CEMS is a proprietary technology owed by Northern. Modifications must match the equipment configuration. If another company was to be contracted to do the work, they would need to install their own unit which would increase costs, duplicate the effort, and require additional time to install.

Northern Engineering is the manufacturer of the CEMS currently installed at Carderock and is the only supplier capable of modifying their proprietary system and certifying that their CEMS is functioning correctly. The entire CEMS must be functioning correctly in order to satisfy Maryland Department of the Environment regulations.

Pursuant to FAR 6.302-1(a)(2)(iii), these calibration and preventive maintenance specialized services on the CEMS system are available only from the original manufacturer, and it is likely that an award to any other source would result in (a) substantial duplication of cost to the government that is not expected to be recovered through competition, and (b) unacceptable delays in fulfilling the agency's requirements.

3. MARKET SURVEY

The Northern Engineering Incorporated CEMS was previously selected as a result of full and open competition for the construction and yearly/quarterly maintenance of the CEMS system. The most recent contract with Northern for maintenance of the system and to perform audits of exhaust gases was N00167-17-P-0238. There are no other sources that can provide this required service without substantial duplication of costs not likely to be recovered by competition.