1.04 XRF Sole Source.pdf
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- Attached to
- Notice of Intent to Sole Source - XRF Analyzer
- Solicitation number
- 20250002832
About this file
This is a Memorandum to the File justifying the use of other than full and open competition for a simplified acquisition. The document requests a "Mine Mode" and Lead Paint Testing Program to be installed on a Thermo Scientific Portable Analytical Instrument, with an estimated cost of $6,000 and a required delivery date of August 1, 2025. The procurement is for the USS FRANK CABLE (AS-40) and will be sourced exclusively from Thermo Scientific, located in Tewksbury, MA, with Wes Allen as the point of contact. The justification for sole source procurement is based on exclusive licensing agreements, specifically noting that according to FrankCableInst 5190.2d, all service and maintenance except exterior cleaning shall be performed by the manufacturer of the XRF analyzers. Opening the device's case would void the warranty and require the unit to be sent back to Thermo Scientific.
The document is signed by HT1 Descombes, Radiation Safety Officer from USS FRANK CABLE, and approved by Contracting Officer Narimitsu Higa, with signatures dated December 2, 2024 and June 30, 2025 respectively. The procurement follows Federal Acquisition Regulation (FAR) guidelines for simplified acquisitions, specifically FAR 13.106-1(b)(1)(i), which allows solicitation from a single source under certain circumstances such as urgency, exclusive licensing, or when only one source is reasonably available.
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Other files
| File | Type | Posted |
|---|---|---|
| 1.03 SOW 1013 USS FRANK CABLE XRF Analyzer.docx | DOCX document | |
| 1.04a Enclosure (8), Section 12.pdf |
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Text version
MEMORANDUM TO THE FILE
SUBJECT: 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
Manufacturer or Service Provider: ___________________________________________________
Point of Contact: __________________________ Phone Number: ________________________
Street: _________________________________________________________________________
City: _______________________ State: ________________ Zip Code: ________________
Dealer Representative (if applicable): ________________________________________________
Point of Contact: __________________________ Phone Number: ________________________
Street: _________________________________________________________________________
City: _______________________ State: ________________ Zip Code: ________________
Estimated Cost: ______________________
Required Delivery Date or Period of Performance: _________________________
Provide a description of the item or service required, to include its intended use. If applicable, provide manufacturer part number.
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.
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.
Explain the circumstances surrounding why the item or service is only available from the manufacturer or service provider.
OR
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. ☐ 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:
1. Date on which the requirement was first identified: _______________________________
2. Explanation of why delivery/commencement of services by the date mentioned above is required:
Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.
3. If appropriate, include any additional pertinent information.
IV. CERTIFICATIONS/APPROVALS
A. Technical / Requirements Certification (Requiring Activity):
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.
Name: ___________________________ Title/Position: _______________________________
Activity: ____________________________________________________________________
Phone Number: ___________________________
Signature: ___________________________________________ Date: ______________
B. Approval (Contracting Activity):
Contracting Officer’s Name: ____________________________________________________
Signature: ___________________________________________ Date: ______________
| Manufacturer or Service Provider: Thermo Scientific, Portable Analytical Instruments | |
| Point of Contact: Wes Allen | |
| Phone Number: (800) 875-1578 opt. 2 | |
| Street: 2 Radcliff Rd. | |
| City: Tewksbury | |
| State: MA | |
| Zip Code: 01876 | |
| Dealer Representative if applicable: | |
| Point of Contact_2: | |
| Phone Number_2: | |
| Street_2: | |
| City_2: | |
| State_2: | |
| Zip Code_2: | |
| Estimated Cost: $6,000 | |
| Required Delivery Date or Period of Performance: August 1, 2025 | |
| provide manufacturer part number: REQUESTING "MINE MODE" AND LEAD PAINT TESTING PROGRAM TO BE INSTALLED TO THE UNIT AS WELL AS THE CAPABILITIES TO TEST FOR ZnCr. | |
| ONLY ONE RESPONSIBLE SOURCE select all that apply: On | |
| RESTRICTIVE RIGHTS: Off | |
| Governments need: | |
| EXCLUSIVE LICENSING AGREEMENTS: On | |
| ONE RESPONSIBLE SOURCE should be left blank: In accordance with the FrankCableInst 5190.2d ch-1, enclosure (8), section 12, paragraph c., all service and maintenance except for exterior cleaning shall be performed by the manufacturer of the device. Thermo Scientific is the manufacturer of the XRF analyzers. Opening the case of the XRF analyzer voids the warranty and will result in the unit being sent to back to the manufacturer. | |
| OTHER REASONS: Off | |
| solicited from only one source: | |
| BRAND NAME: Off | |
| the agencys needs: | |
| UNUSUAL AND COMPELLING URGENCY: Off | |
| 1 Date on which the requirement was first identified: | |
| lead time for the item etc: | |
| 3 If appropriate include any additional pertinent information: | |
| Name: HT1 DESCOMBES | |
| TitlePosition: RADIATION SAFETY OFFICER | |
| Activity: USS FRANK CABLE (AS-40) | |
| Phone Number_3: (671) 488-1022 | |
| 2024-12-03T09:09:15+1000 | |
| DESCOMBES.PAUL.WRAY.II.1291960991 |
| Date: 12/2/24 | |
| Contracting Officers Name: Narimitsu Higa | |
| 2025-06-30T10:01:33+0900 | |
| HIGA.NARIMITSU.1557761582 |
Date_2: June 30, 2025
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