1.17 Sole Source Memo.pdf

MEMORANDUM TO THE FILE

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:

This requirement is for Preventative Maintenance (PM) for a Modula Vertical Lift Module (VLM), serial number MLD104106AUS for Southeast Regional Maintenance Center (SERMC). The VLM requires an annual PM service to keep the machine in good working order. Modula Inc. has been performing annual PM since 2021 by certified skilled engineers to ensure repairs, PM checks, adjustment, and lubrication for long-working life. In addition, Modula telephone support will be provided by a Modula certified technician. Modula Inc. (Cage: 305NQ3, UEID: MFN7NQHFNYW3) is the Original Equipment Manufacturer (OEM) and is the only approved service provider for the VLM. Service by any other organization is not sanctioned by Modula and voids any warranties.

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

BASED ON THE FOLLOWING (select all that apply):

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 OEM, or there is only one authorized distributor or technical representative for the OEM. See II.

DESCRIPTION OF ITEM above.

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.

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. Required delivery date/period of performance:

3. 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.

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. 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.

_______________________ Fred Agustin 13 Mar 24 Signature Name Date

B. Certification/Approval. See FAR 13.501

_______________________ Harold Melton 13 Mar 24 Contracting Officer Name Date fred.agustin Text Box H. E. Honeycutt