Attachment 6 - Limiting Competition Under SAT.pdf

CUI//SP-PROCURE//FEDCON

Control No: 2025-8

Apr 2021

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Mission and Installation Contracting Command – Yuma Proving Ground (MICC-YPG)

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number ___ PR# W81R8T0012337148______

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price 100% Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: __RDT&E___

FY: __2025-2026______

Name of Proposed Contractor(s) and Address:

___Pyrotech USA.___________ ___HurtVet______________

Brand Name Buy: Yes No

3. Description of Services or Supplies: The United States Army Yuma Proving Ground (USAYPG) has a requirement under purchase request W81R8T0012337148 for a maintenance service to provide annual full operational flow testing and certification of Ultra High-Speed Deluge (UHSD) Systems at the U.S. Army Yuma Proving Ground (YPG) and to provide both scheduled and un-scheduled repairs as needed to keep the system fully operational. Only experienced designers, engineers, and installers who understand the system’s capabilities and limitations should provide the design, specification, installation, and certification of the deluge system.

The scope of the contract shall include the UHSD systems installed in buildings 3130 and 3482 as well as the 5 Pyrotech portable UHSD systems at U. S. Army Yuma Proving Ground.

Base Period: 01 October 2025 through 30 September 2026 Option Period 1: 01 October 2026 through 30 September 2027 Option Period 2: 01 October 2027 through 30 September 2028 Option Period 3: 01 October 2028 through 30 September 2029 Option Period 4: 01 October 2029 through 30 September 2030 Total Value: $69,601.93

4. Authority: Select the appropriate authority below:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or, FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on FAR 8.405-6(b)(1) Brand Name

Or, FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee FAR 16.505(a)(4) Brand Name

5. Reasons for Authority Cited:

a. Technicians certified under Pyrotech USA are the only ones qualified to perform the inspections, repairs, and certifications of the complete system currently in use in the ammunition preparation facilities at YPG. The five (5) LMF-7489 Portable UHSD Systems in use at YPG were designed by Pyrotech and have been inspected, tested, repaired, and certified by Pyrotech since their arrival at YPG.

b. As the Original Equipment Manufacturer (OEM) of these systems, technicians must be certified under Pyrotech as this is the only source with the proprietary knowledge and demonstrated expertise to inspect, test, and certify the equipment that they designed.

c. The Ammunition Preparation Branch and Ammunition Recovery Section have UHSD Systems installed in their respective facilities as critical safety equipment designed to protect personnel working with propellants, ammunitions, and explosives.

These systems require an annual inspection, flow test, and recertification to ensure they are operating properly per Army Regulations. Technicians certified under Pyrotech USA are the only technicians who qualify to perform the inspections, repairs, and certifications of the system currently in use at the ammunition preparation facilities at YPG. Hence, the need to have the acquisition acquired from either the sole manufacturer or its authorized resellers and distributors.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at FAR

5.202 ___.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A) unless:

Action is NOT a brand name restriction and is under $250K, no posting required.

Action is a brand name restriction, under $25K, no posting required.

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to the following exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(ii)(A) FAR 8.405-6(b)(3)(ii)(B) FAR 8.405-6(b)(3)(ii)(C) FAR 16.505(a)(4)(iii)(C)

7. Market Research:

In accordance with FAR part 10, Market Research was conducted for this acquisition.

The Market Research Report is filed in the PCF cabinet.

A search of GSA, UNICOR, and other FAR Part 8 sources did not find any available sources to provide the services required. A RFI was posted on SAM.gov on July 10th 2025 under the Notice ID PANMCC-24-P-0000017158. A total of two vendors submitted responses to the RFI.HurtVet, submitted documentation and responses to the questions posed in the RFI. BHPE did not submit documentation nor responses to the questions listed in the RFI but expressed interest in the requirement. A capabilities statement was requested via BHPE’s website but no documents were ever received. A follow up email was sent on May 21st 2025 with no response received from the vendor. Due to a lack of documentation to assess capabilities the vendor was deemed technically unacceptable by the RA.

8. Other Facts:

The Ammunition Preparation Branch and Ammunition Recovery Section require a contractor with the appropriate knowledge and understanding of these systems to service them regularly. Failure to maintain and support these services will result in test delays in the event of equipment malfunction.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

________________________________ Date: See digital signature Andrew Hughes Engineering Technician

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis technique.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

________________________________ Date: See digital signature Amanda M. Ramirez Contracting Officer