Sole Source Memo-eSign Rev 1KO_Redacted.pdf

MEMORANDUM TO THE FILE

(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:

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.

Our nuclear liquid penetrant program need is to have liquid penetrant nondestructive nuclear c-canopy welded joint design test props that have a uniform indication bleed out with zero tolerance from the provided answer key to ensure that the examinations are administered and graded in a in a consistent and fair manner. These are needed to certify C139 nuclear liquid penetrant inspectors to perform production work on naval assets. PH Tool specializes in fabricating and/or modifying provided test props and providing micro-hole drilling services. This is the only known company that has the proven capability of producing repeatable defects in the nuclear c-canopy welded joint design that we need that are made IAW NSTR-99 Qualification Examination Requirements for Nondestructive test Personnel. The required delivery date is June/July 2026 to prevent impact to the fleet

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.

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.

Code 139 inspectors are required to be tested and certified IAW NSTR-99 Qualification Examination Requirements for Nondestructive Test Personnel. PH Tool is the only company that I know of that manufactures test prop c-canopies to this standard.

We are changing test props to c-canopy seal welds to simulate actual production scenarios. PH Tool will accept our provided blank c-canopy seal weld test props and only provide drilling services by passing the test prop fabrication expense. PH Tool can deliver these test props by the required date of June/July 2026. This is in line with our targeted training and certification schedule. If these test props are not received by June/July 2026, inspector’s certifications will lapse. This will result in the delay of inspectors’ re-certifications and their ability to perform nuclear inspections on naval assets in a timely fashion.

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.

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).

3. OTHER REASONS. 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. 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.

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: 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.

4. If appropriate, include any additional pertinent information.

Code 139 inspectors are required to be tested and certified IAW NSTR-99 Qualification Examination Requirements for Nondestructive Test Personnel. PH Tool is the only company that I know of that manufactures test prop c-canopies to this standard. We are changing test props to c-canopy seal welds to simulate actual production scenarios. PH Tool will accept our provided blank c-canopy seal weld test props and only provide drilling services by passing the test prop fabrication expense. PH Tool can deliver these test props by the required date of June/July 2026.

This is in line with our targeted training and certification schedule. If these test props are not received by June/July 2026, inspector’s certifications will lapse. This will result in the delay of inspectors’ re-certifications and their ability to perform nuclear inspections on naval assets in a timely fashion.

IV. CERTIFICATIONS/APPROVALS:

A. 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.

05/20/2026

Date

B. Contracting Officer Certification/Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

5/21/26

Date