2.3 Justification for Sole Source (5069-3514)(ACS signed)_Redacted.pdf

MEMORANDUM FOR THE RECORD

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

Subj: 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:

Accredited ISO/IEC 17025 Calibrations and/or Repairs (as needed to bring the equipment up to Original Equipment Manufacturer (OEM) specifications) by the Fluke Electronics Corporation for Puget Sound Naval Shipyard and Intermediate Maintenance Facility (N4523A) Calibration Lab (Shop 52) Owned Equipment as listed in the GFE, as well as unexpected PSNS & IMF equipment that are not listed in the attached GFE but need repair(s) and/or calibrations that follow the requirements as defined in the Performance Work Statement (PWS).

POP DATE 06-JUL-2025 to 05-JUL-2030

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. X RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Fluke Electronics Corporation is the Original Equipment Manufacturer (OEM) and an available service provider for our Puget Sound Naval Shipyard and Intermediate Maintenance Facility (N4523A) Calibration Lab (Shop 52) Owned Equipment as listed in the GFE.

2. X 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.

They (Fluke) are the OEM source that can return equipment to as built condition (if needed) and they (Fluke) can provide an ISO 17025 Accredited Traceable Calibration with uncertainties and before and after test data.

Since they are the OEM, Fluke Electronics Corporation can provide direct replacements for any failed components and can provide that direct replacement part/components as needed.

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

The Equipment as listed in the GFE is part of PSNS and IMF Shop 52 Calibration Laboratory Standard Equipment used for the calibration(s) of a wide variety of test measurement and diagnostic equipment (TMDE). As required by NAVSEAINST 4734.1B and OD 48939 NAVY CALIBRATION EQUIPMENT STANDARD for TEST & MEASUREMENT EQUIPMENT and LAB STANDARDS . No other equipment is authorized for calibration of NAVSEA equipment and systems and failure to maintain this equipment in a calibrated status would result in denial of calibration services for PSNS and fleet assets, which may result in delaying deployments or degraded weapons systems – neither of which is acceptable.

The Equipment as listed in the GFE is required to be calibrated by Fluke Electronics Corporation per the calibration guidance for this equipment in the NAVSEA OD 45845 Metrology Requirements List (METRL). All NAVSEA Test, Measurement and Diagnostic (TMDE), which includes calibration standards, shall be calibrated per the intervals and calibration guidance provided in the METRL in accordance with NAVSEAINST 4734.1B. The METRL provides specific guidance for the Equipment as listed in the GFE to send this equipment to the OEM (which is Fluke) or specifically to Fluke. Failure to comply with this requirement may result in the PSNS calibration laboratory losing its NAVSEA certification and result in sever impact to calibration support for PSNS and Fleet Activities. This calibration equipment is essential to keep the fleet afloat and personnel safe that support electronic and microwave measuring equipment located at PSNS and IMF, San Diego, Everett, and Japan locations. OEM functioning and Calibrated electronic, electrical, physical, and microwave Measurement Equipment is essential to the support of Naval Fleet Forces.

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. 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.

Signature Name (Printed) / Phone # Date

Signature Name (Printed) / Phone # Date