2.3 SOLE SOURCE SAT MEMORANDUM (Less than $250,000) Photometer complete_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:

Requesting IDIQ service contract for the calibration/service of Shop 99 owned Photometers to include up to 20 calibrations and service kits as required and recommended by Shop 99/52.

Period of performance (POP): 9/01/2025 – 9/01/2026. Currently, this service has been performed using the government purchase card (GPC), via service purchase process. Due to frequency and increasing amount of calibration services, the GPC process is no longer a viable or legal path to procurement. ATI is the only known and approved vendor who can and has the capability of providing a calibration service on these photometers due to proprietary information and being the OEM manufacturer. These photometers are critical in support of nuclear work and the calibration, monitoring, and functionality of temporary and filtered ventilation systems.

Two CLIN’s listed below

1:CALIBRATION SERVICE TO INCLUDE: NIST TRACEABLE CALIBRATION FOR

MODEL 2IN PHOTOMETER, WITH BEFORE AND AFTER DATA.

2: PARTS KIT FOR 2IN SERVICE, P/N: 20-01561-001

Required/Authorized Sole Source:

OEM, AIR TECHNIQUES INTERNATIONAL (ATI), CAGE 54302

Division of Hamilton Associates, Inc

11403 Cronridge Drive

Owings Mills, MD 21117-2247 USA

Date: 3/10/2025

Phone 410.363.9696

Fax 410.363.9695 Tax ID# 52-0666738 Web www.atitest.com

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. __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.

Exclusive authorization: As directed by the Navy METCAL program via OEM waiver letter 04RM-1911, only calibrations by the OEM (ATI) are authorized for this equipment.

Calibration services from another source will not meet NAVSEA metrology requirements.

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.

OEM, AIR TECHNIQUES INTERNATIONAL (ATI), CAGE 54302

Exclusive authorization: As directed by the Navy METCAL program via OEM waiver letter

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. 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. _x__ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. This is the only product approved for use through the Navy Metcal program.

Exclusive authorization: As directed by the Navy METCAL program via OEM waiver letter

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