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Control No. WP-11-137

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $550K)

1. Agency/Contracting Activity: MICC, ICO – West Point NY 10996

2. Description of Action:

Nature: FORMCHECKBOX New Requirement FORMCHECKBOX Follow-on Requirement

FORMCHECKBOX

Mod to Existing Purchase Order/Contract Number

Pricing: FORMCHECKBOX Firm-Fixed Price FORMCHECKBOX Time & Materials FORMCHECKBOX Cost Funds: FORMCHECKBOX

OMA

FORMCHECKBOX

Other Funds:

3. Description of Services or Supplies:

The total estimated value of the proposed action is $17,500.00.

Requirement is to repair the Wave Generator located in Building 727 Arvin Cadet Physical Development Center. The manufacturer, Hydrotech Systems, performed a site visit to confirm the damages and removed the broken parts (broken plunger and plunger shaft). New parts will be re-engineered to improve on weaknesses found in the old parts. New parts will be manufactured according to the engineered plans. New parts will be delivered to the Combat Water Swim Survival Lab (CWSSL) Pool and installed with supporting accessories such as seals, plates, and bearings. Wave Generator will be tested for wave capability suitable for the USMA instructional needs.

4. Authority: (Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following, but other exceptions may be used.)

Action using simplified acquisition procedures (select one):

FORMCHECKBOX

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), 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)

FORMCHECKBOX

FAR 13.501(a)(1)(ii): For actions for commercial supplies or services greater than the SAT but not exceeding $5.5M, the correct citation is: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen Act of 1996 as codified at 10 USC Sec. 2304(g)(1)(B), and amended by Section 807 of the Ronald Reagan National Defense Authorization Act of 2005. [Note: this abbreviated justification form can only be used for actions not exceeding $550K. Justifications above $550K must be prepared using the format at FAR 6.303-2.]

5. Reasons for Authority Cited:

The Wave Generator is a custom made unit by Hyrdrotech Systems. Each wave generator is custom made, sized, engineered, and constructed per the size, body of water, and requirements of the end user. There are no generic “off the shelf” parts available and Hydrotech is the only known company that can engineer and manufacture replacement parts for their units. The Government previously paid Hydrotech to conduct a site visit in order to determine the damages and remove the defective parts. By awarding directly to Hydrotech instead of seeking competition, the Government will avoid duplicate costs (~$1000) and man-hours.

6. Actions to Increase Competition:

Notice of intent to award on a sole source basis was synopsized IAW FAR 5.201. No sources have expressed interest to date.

7. Market Research:

See para 6.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): FORMCHECKBOX Yes FORMCHECKBOX No If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W911SD-07-P-0363 Was action competed?

FORMCHECKBOX

Yes FORMCHECKBOX No

If action was not competed, state the cited authority, summarize rationale: 10 USC 2304(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements

9. Additional Information to support the justification.

N/A.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the cost to the Government for this contract action was fair and reasonable. Basis for the determination: FAR 13.106-3(a)(2)(vi) Comparison to an independent Government estimate.

12. Review (if value exceeds $100K): N/A.

13. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE:

DATE:

NAME:

DENISE CONKLIN

TITLE:

Procuring Contracting Officer

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