20Q0134_NONCOMP_REDACTED.pdf

SWIP Tracking No. SJXM202861

DON SAP Guide Enclosure (3) 1

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

IDENTIFICATION OF SOURCE:

PolyScience, 6600 W Touhy Ave, Niles, IL 60714 Cage Code: 58378

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 procurement is for 10 recirculating chillers of the following part number and description

PolyScience Portable Chiller with Magnetic Centrifugal Pump . Temperature Range of -10º to +40ºC (-10º to +70ºC with heater option) Temperature Stability ±0.1ºC. Cooling Capacity 8000 BTU/hr, Integrated heater. 230V 60H, Single Phase. INCLUDES a L6-30P, 30 Amp TWIST LOCK PLUG. Unit is equipped with an integrated controller that includes an under and over temperature alarm as well as an automatic shut off for these alarms. In the event of a power outage, once power is restored unit will automatically power up.

Input and output ports have 1/2" npt threaded pipe fittings. A 50/50 mix of ethylene glycol and distilled water as a coolant is ideal. Maximum flow rate of 4.1 gpm. Chiller is constructed of metal and on wheels.

Preston Industries DBA: PolyScience Required Delivery Date:

Dollar Amount:

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

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

DON SAP Guide Enclosure (3) 2

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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

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. 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.

DON SAP Guide Enclosure (3) 3

The chillers intended to be purchased are to be a drop-in replacement for older equipment, and must be compatible in form, fit, and function.

. All related testing setups in buildings utilize this exact item; incorporation of a different chiller brand and model would require modification to existing test system designs, modification to test system drawings and procedures, and increase maintenance complexity. Cost for these changes is undetermined as the full scope of the changes is not known.

There will also be additional costs for both new tooling and adapters, as well as costs for calibration additions and changes.

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.

DON SAP Guide Enclosure (3) 4

Signature Name (Printed) / Phone # Date

B. Certification/Approval.

Upon the basis of the above statements and information justification, I hereby approve, as the Contracting Officer, the solicitation of the proposed procurement(s) using other than full and open competition.

Contracting Officer Signature Name (Printed) / Phone # Date