Sole Source SAT Memorandum Leslie Valve _Redacted.pdf

For Official Use Only – See FAR 2.01 and 3.104

N4523A21RXXXX

MEMORANDUM TO THE RECORD

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD.

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: The requirement supports urgent, critical path maintenance that is defined in contract award. Failure of timely award risks impaired mission capability and impaired underway capability of the asset. The purpose of the proposed acquisition is to provide all necessary materials, travel, and technical representative services to repair, overhaul and test two (2) ea. 3-inch Leslie Valves assembly in accordance with Original Equipment Manufacturer (OEM) specifications. This is a

Bermingham Controls Leslie Valves the only authorized OEM, and, due to being the only company with necessary proprietary information and expert capability to perform the work, is the only known source that can provide the required supplies and services.

Total estimated dollar value of this procurement is

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

IS BASED ON THE FOLLOWING (select all that apply):

For Official Use Only – See FAR 2.01 and 3.104

A. X_ 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. __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.

Bermingham Controls is the only Leslie Valve Factory authorized OEM and holds proprietary rights, as well as required expertise for delivery and performance of the required supplies and services. It is the only company authorized in the western United States with access to the applicable OEM drawings, OEM parts, and proprietary information required for servicing the Leslie Valves

. Proprietary data includes design, drawings, tolerances, and material required for repair, replacement, and maintenance of the Leslie Valves.

3. ____OTHER REASONS.

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:

For Official Use Only- See FAR 2.01 and 3.104

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. FAR 5.202(a) (2), applies to this requirement since it is compelling and urgent. This is a sole source requirement as stated above;

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.

Mechanical Engineer, PSNS Code 260.1

Project 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 .

Mechanical Engineer, PSNS Code 260.1 Branch Head

Contracting Officer Certification: Approved

Contracting Officer • Remo Dela Cruz

Code 432