20Q0183_Redacted Non Comp.pdf

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:

Nikon Metrology, Inc.: Brighton MI: Cage Code: 1L4U8

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 a reconstruction workstation and software upgrade of the Nikon XTH225ST X-Ray system used for radiographic testing of various electronic components.

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. ___ 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.

SWIP Tracking No. SGXM203533

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

Micro-Focus X-Ray computed Tomography (CT) System (XTH225ST) was purchased under the The XTH225ST was developed and manufactured by Nikon Metrology, Inc. and thus is the only known source who has the needed proprietary data, schematic and expertise required to perform this installation and provide technical support on the x-ray system. Additionally, Nikon Metrology, Inc. is the only known source with a repository of new parts and personnel both licensed and trained in the installation of this equipment.

Nikon Metrology, Inc. has both the expertise to evaluate, diagnose and has trained technical personnel whom can access and utilize the proprietary data necessary for proper installation of this equipment. Substantial procurement costs for a new XTH225ST X-Ray system would occur if the Government did not use Nikon Metrology, Inc.

All necessary parts that are required for the installation, analysis, and repair must be capable of both residing within and functioning within the environment of the Nikon XTH225ST X-Ray system with no modifications of alterations made.

Nikon Metrology, Inc. is the original designer and manufacturer of this XTH225ST system, thus they have access to and control the proprietary information that lies within the equipment and that is an absolute requirement for the upgrade of this equipment.

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:

SWIP Tracking No. SGXM203533

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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.

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