SOLE SOURCE MEMO.pdf

For Official Use Only – See FAR 2.01 and 3.104

Last Updated: January 2020

MEMORANDUM TO THE RECORD

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:

This sole source is for twelve (12) 1/2" Series 60 Swagelok ball valves, six (6) 1” Series 60 Swagelok ball valves, and eighteen (18) 1-1/2” Series 60 Swagelok ball valves. All valves are stainless steel, 3 piece valves, with UHMWPE seats, no lubricants, and a locking oval handle.

All valves are made by Swagelok. See Table 1 below for part numbers.

This equipment will be used at PSNS&IMF on pure water distribution tankers (PWDT). C/308 plans installation of this equipment for FY24.

Last Updated: January 2020

Table 1: Items and Descriptions

ITEM

NO.

DESCRIPTION

GENERIC

MATL

TYPE

LVL

QA

HAZ

MAT

QTY

REQD/

UNIT

Valve, Ball, 3-Piece, 1/2" Sanitary Clamp, 316 SS Body, Locking Oval Handle, UHMWPE Packing and Seat, Ethylene Propylene Flange Seals, PEEK Stem Bearing (no lubricant) Swagelok SS-62ESC8-JLK-NL

NA NA E N 12

Valve, Ball, 3-Piece, 1” Sanitary Clamp, 316 SS Body, Locking Oval Handle, UHMWPE Packing and Seat, Ethylene Propylene Flange Seals, PEEK Stem Bearing (no lubricant) Swagelok SS-65ESC16-JLK-NL

NA NA E N 6

Valve, Ball, 3-Piece, 1-1/2" Sanitary Clamp, 316 SS Body, Locking Oval Handle, UHMWPE Packing and Seat, Ethylene Propylene Flange Seals, PEEK Stem Bearing (no lubricant) Swagelok SS-67ESC24-JLK-NL

NA NA E N 18

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):

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. ___ 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.

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

Market research indicates similar products lack Swagelok’s unique combination of features that are required per PSNS instructions such as lack of detrimental materials, locking oval handles, 3-piece design, sanitary connections, seat/seal materials, and dimensions. Swagelok valves are needed for direct replacement per the existing PSNS drawing. Replacement valves need to match the currently installed valves, tubing, and fittings on PWDTs which are made for Swagelok specifications. Using other valves would require significant redesign work, changes to PSNS instructions, piping modifications, and replacement of other components which will significantly increase material and labor dollars due to incorrect dimensions and features.

Last Updated: January 2020

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:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

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

4. If appropriate, include any additional pertinent information.

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.

Benjamin Burkhart Date Nuclear Engineer

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.

J. Brian Fergus Date Contracting Officer