Sole Source Justification for Solicitation 2055ZN03.pdf

MEMORANDUM TO THE FILE

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart

13.5 shall follow the special documentation requirements at FAR 13.501.)

JML Document Number:_______________________________________________________________________________

Item Description (Brief):_______________________________________________________________________________

Required Delivery Date:_______________________________________________________________________________

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:

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.

2055ZN03

HOSE ASSEMBLY

Item #1 Make: 1-1/2" ID X 90 FT LONG SAE 100R2AT HOSE Model: AEROQUIP P/N GH781-24 Intended Use: DISCHARGE HOSE

RDD: 7/8/2022

Item #2

MAKE: 1-1/2" STEEL FEMALE JIC/SAE 37 DEG SWIVEL FITTINGS

MODEL: AEROQUIP P/N 1AA24FJ24-24

INTENDED USE: INSTALLED ON EACH END OF DISCHARGE HOSE ASSEMBLY

RDD: 7/8/2022

07/08/2022

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.

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

BASED ON THE FOLLOWING (select all that apply):

A. ONLY ONE RESPONSIBLE SOURCE (select all that apply):

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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

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

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

C. 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:

The purchase of the required brand name item (AEROQUIP) will ensure compatibility with current existing discharge support equipment in NNSY. This specific Brand is called out in NAVSEA DRAWING NO. 7032386, REV E. Section G2 states “NO DEVIATIONS WITH RESPECT TO EQUIPMENT OR PROCEDURES ASSOCIATED WITH THE MEDIA DISCHARGE SYSTEM AND VENT SYSTEM ARE PERMITTED WITHOUT NAVSEA APPROVAL. Section G9 (7) states “THE MEDIA DISCHARGE HOSE AND END FITTINGS SHALL BE SUPPLIED BY THE SAME MANUFACTURER. Replacement with similar but non-standard (different brand) equipment presents the potential for inconsistency in the application, operation and training which increases the likelihood of adverse impact to the command

Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

Sole Source requirement warrants waiver of full and open competition. This specific hose assembly is required to support discharge evolutions at NNSY. Any delay in obtaining this equipment by the required RDD will negatively affect discharging Evolutions in NNSY. Material has a 18 Week lead time, delays in awarding will result in longer lead time

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

07/08/2022

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

4. If appropriate, include any additional pertinent information.

Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

02/22/2022