SOLE SOURCE SAT MEMORANDUM.pdf

For Official Use Only – See FAR 2.01 and 3.104

Last Updated: January 2020

MEMORANDUM TO THE RECORD

(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.

United Rentals Diesel Generator currently providing redundancy to shore power system. New POP dates are July 1, 2024 to September 23, 2024. Current Contract N4523A23F1341 is set to expire on June 30, 2024.

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.

Last Updated: January 2020

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. _XX__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:

United Rentals 1000kW Diesel Generator is on-site and is installed to ship as reactor redundancy and cannot be disconnected without risk to shore power system supporting the reactor. The current contract N4523A23F1341 will end before 1000kW Diesel Generator can be disconnected. The required action is needed to be awarded by 30 June 2024 resulting in the current compelling urgency. Without the 1000kW Diesel Generator the project will result in a work stoppage due to the increased risk of safety to the sailors.

Course of action is to enter into a new contract with United Rentals to use current 1000kW Diesel Generator from July 1, 2024 through September 23, 2024.

Last Updated: January 2020

1. Date on which the requirement was first identified: 5/7/2024

2. Required delivery date/period of performance: 7/1/2024 to 9/23/2024

3. Explanation of why delivery/commencement of services by the date mentioned above is required: New project dates recently released requires the 1000kW Diesel Generator to stay in place following the current contract that ends on June 30, 2024. Resulting in the new requirement needing to be on contract with a POP start date of July 1, 2024 through September 23, 2024.

4. If appropriate, include any additional pertinent information. IAW 13.106, in soliciting competition, the contracting officer shall consider the guidance of FAR 13.104, Promoting Competition, and the urgency of the proposed purchase in accordance with FAR 13.106- 1(a0(1)(iii).

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.

SYLVIA PRYNE, CODE 270.5 Date Electrical Engineering 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.

JESSE SCHIMKE, CODE 431 Date Contracting Officer

6/25/2024

6/25/2024

MEMORANDUM TO THE RECORD