Sole Source Justification- Redacted.pdf

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Attached to
Improved Power Hatch Operator
Solicitation number
N4523A26P0811
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This is a Memorandum to the Record documenting the use of other than full and open competition for a simplified acquisition threshold procurement.

The requirement is for the rebuilding of two IPHO intensifier assemblies to be performed by Proterial Cable America, Inc., High Performance Defense Solutions Division, located at 15 Gray Lane, Suite 101, Ashaway, Rhode Island 02804. The period of performance is March 26, 2026 through June 30, 2026, with the requirement first identified on October 1, 2025. The justification for limiting competition to a single source is based on three factors: restrictive rights held by Proterial, exclusive licensing agreements, and unusual and compelling urgency. Proterial possesses proprietary technical information regarding repair dimensions and fittings that is not publicly available, and the original equipment manufacturer is no longer in business. Proterial is the sole authorized servicer for all platform IPHO items for the US Navy. The acquisition qualifies as urgent and mission-critical because failure to meet the delivery deadline will delay the project and prevent a naval vessel from departing without these mission-essential assemblies. The forward and mid IPHO intensifier assemblies require expedited rebuilding with replacement or repair of components as needed per drawing 7383860, piece 46. The memorandum has been certified by both the Mechanical Engineer Technician and the Contracting Officer.

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For Official Use Only See FAR 2.01 and 3.104

Last Updated: January 2020

(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.)

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:

Rebuilding of 2ea, IPHO intensifier assemblies.

VENDOR:

PROTERIAL CABLE AMERICA, INC.

HIGH PERFORMANCE DEFENSE SOLUTIONS DIVISION

15 GRAY LANE, SUITE 101 ASHAWAY, RI 02804

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. X _ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

The existing IPHO intensifiers will be rebuilt by the vendor, and they can replace/repair items as needed during the overhaul per drawing 7383860, pc. 46.

Last Updated: January 2020

The technical information needed to repair the IPHO intensifier assemblies, to include dimensions, fittings is proprietary of Proterial and not available to the public.

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.

Proterial to provide the service to repair or replace the IPHO assemblies. Original manufacturer is no longer in business. Proterial services all platform IPHO items for the US Navy.

3. ___ OTHER REASONS.

B. ___ BRAND NAME.

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: 10-1-2025

2. Required delivery date/period of performance: 3/26/26 -6/30/26

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

If we do not meet this date, the project will be delayed, and the ship will not be able to leave without these items

The urgency of this requirement is not the result of a lack of advanced planning. It is the direct result of an unforeseen, sudden failure of a mission-critical piece of equipment, which could not have been predicted through normal maintenance schedules or planning efforts. The requirement is for an emergency repair, not a scheduled replacement or upgrade.

Last Updated: January 2020

4. If appropriate, include any additional pertinent information.

The forward and Mid IPHO intensifier assemblies need to be rebuilt and needs to be expedited since the boat cannot leave without this assembly.

Last Updated: January 2020

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.

Date Mechanical Engineer Technician, Contracting Officer Certification: I certify that the facts and representation included in this justification are complete and accurate to the best of my knowledge and belief.

Contracting Officer

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