20Q0180_JA_NonComp Redacted.pdf

SWIP Tracking No. SJXM202861

DON SAP Guide Enclosure (3) 1

10`MEMORANDUM TO THE FILE

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

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

IDENTIFICATION OF SOURCE:

Various OEM’s of components, see attached spreadsheet.

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 various components required to build / replace two existing test racks maintaining configuration control in the current testbed. This is part of a three year effort to build / replace two racks per year. The attached spreadsheet lists the required components as by QTY and OEM..

Required Delivery Date: May 2020 Dollar Amount: /

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.

DON SAP Guide Enclosure (3) 2

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

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.

The project testbed consists of 10 test racks, containing a total of 73 battery test stations plus additional simulation stations, of the same configuration. These stations are designed and built to the exact specification utilizing the same components and controlled by a single system .Incorporation of different parts 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 unknown (minimum initial cost per test rack). Changes in the used parts will also require additional training and documentation (roughly to cover labor for creation of a new maintenance SOP, to train operators in maintenance techniques). 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:

4. If appropriate, include any additional pertinent information.

DON SAP Guide Enclosure (3) 3

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.

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.