A12_Limiting-Competition_OMAX_Redacted.pdf

Control

Version – February 2017

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

1. Contracting Activity: Army Contracting Command – Redstone Arsenal – Corpus Christi Army Depot, Contracting Office (CCAM-ALC) 9035 Ocean Dr. Bldg. 10, Mail Stop 18 Corpus Christi, TX 78419-5260.

2. Description of Action:

Nature: New Requirement X Follow-on Requirement Contract Vehicle: X Purchase Order Number ______TBD_____________________

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: X Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Army Working Capital Funds (AWCF) FY: 2019

Name of Proposed Contractor and Address:

Omax Corporation 21409 72nd Ave S Kent, WA 98032-1944

Brand Name Buy: Yes _X_ No

3. Description of Services: This requirement is to repair the x-axis belts on water jet cutting system (G9113) and have the x-axis upgrade kit installed on water jet cutting system (G0959).

CLIN 0001 – X-axis upgrade kit installed on water jet cutting system (G0959) - 1 each -

CLIN 0002 – Repair x-axis belts on water jet cutting system (G9113) – 1 each -

Period of Performance: Sixty (60) Days After Date of Contract

Total Value:

4. Authority: 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.

5. Reasons for Authority Cited: Omax Corporation is the Original Equipment Manufacturer (OEM) and owns the proprietary rights to their designs, drawings, specifications, and the unique special tooling required for the repair and upgrade of their equipment. No other company has access to the proprietary data; therefore, this requirement will be sole sourced to Omax Corporation.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed. The justification will be redacted and published with the solicitation.

7. Market Research: Conducted by: , Maintenance Services Specialist and , Contract Specialist.

Market research, in accordance with Far Part 10, was conducted through the following methods:

Personal knowledge in procuring supplies/services of this type.

Contact with knowledgeable persons in Government and/or industry regarding the commercial nature of this requirement and/or standard industry practices in this area of supply/services.

– Journeyman Mechanic – CCAD – October 2018 – was assigned the work order to replace the belts on the water jet cutting system. As was inspecting the equipment, he discovered that the job was beyond his scope of work due to the special tooling required for the repair of the equipment. contacted Omax Corporation and learned that the company would not release the tooling required for the repair of the equipment.

Review of Government/Commercial Databases:

GSA (Jul 2019) – Omax Corporation does not have a GSA schedule.

Federal Business Opportunities (Jul 2019) – Found multiple procurements that were sole sourced to Omax Corporation based on the company retaining proprietary rights.

Internet Search (Jul 2019) – Searched commercial sources for companies that could provide Water Jet Cutting Systems services resulting in “Omax Corporation” as a source.

Searched to see if other companies could provide services on the OMAX Water Jet Cutting Systems. No information was discovered indicating other vendors could provide the required services:

https://www.google.com/search?ei=g2Q4XczbG4-m_QaMm4zoAw&q=search+omax+waterjet+cutting+machine+repair+and+maintenance +and+distributors&oq=search+omax+waterjet+cutting+machine+repair+and+maintenan ce+and+distributors&gs_l=psy-ab.3...39804.46665..48026...0.0..0.249.3241.0j10j7......0....1..gws-wiz.......0i71j33i160j33i10..11%3A1j12%3A1j13%3A0.OlJsfjeUOHI&ved=0ahUKEwiMqd vd283jAhUPU98KHYwNAz0Q4dUDCAo&uact=5 https://www.google.com/search?ei=mmU4XciMAovM_Abb4ruIDQ&q=search+omax+wa terjet+cutting+systems+and+repair+and+maintenance+and+distributors&oq=search+o max+waterjet+cutting+systems+and+repair+and+maintenance+and+distributors&gs_l= psy-ab.12...16040.38676..41732...0.0..0.262.3156.0j18j1......0....1..gws-wiz.......0i71j33i10..12%3A0j13%3A0.7zs221ZaLRA&ved=0ahUKEwjIwcbi3M3jAhULJt8 KHVvxDtEQ4dUDCAo

8. Technical/Requirements Certification:

***See Sole Source Justification Memorandum, dated 12 December 2018 for technical/requirements certification. (See PCF File)

9. 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.

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.

Signature:

TITLE: