20Q0193_redacted_non comp.pdf

SWIP Tracking No. SGXM204039

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:

Oneida Research Services, Inc Whitesboro, NY

CAGE6S203

I. BACKGROUND:

1. FAR 13.106-l(b)(l)(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.I06-3(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:

Preventative Maintenance Services to be performed on IVA Model 11Os, Internal Vapor Analyzer and HSHLD Model 31Os, High Sensitivity Helium Leak Detector Systems

POP: 1 year with 5 options

Ill. 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.

SWIP Tracking No. SGXM204039

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.

3. _X_ OTHER REASONS.

Preventative maintenance and repair of this equipment requires knowledge of proprietary information concerning the design and functioning of the instrument. Only ORS, the manufacturer of the equipment, has access to this information and is the only source that can provide the required service.

As the designer and manufacturer of this equipment, Oneida Research Services, Inc. has exclusive access to schematics, engineering drawings, and other proprietary information needed by their field service engineers for performing maintenance and repair of the instrument.

For another firm to gain this information would require extensive study and reverse engineering of the hardware and control software of the system. This would require the purchase of an IVA 110-s and a high sensitivity helium leak detection system. Estimated cost to the Government would be schedule slippage due to lead times.

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:

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.

GARCIA.ALEJANDRO.1127

037740

Digitally signed by

GARCIA.ALEJANDRO.1127037740

Date: 2020.05.08 13:03:20 ‐04'00'