20Q0252_redacted_non-comp.pdf

SWIP Tracking No. SGXM204392

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:

Keysight Technologies, Inc.

(and authorized distributors)

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:

Keysight Model Builder Program (MBP) software is required for the Modeling of Radiation Effects (MORE) program to extract SPICE models for irradiated electronic components. . Estimated POP is 9/25/20 – 9/24/20

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.

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.

There is a limited market for this type of software with limited suppliers.

We already have one license for this Keysight MBP software that has been previously purchased and we desire to have two more licenses of the same software for commonality within the group.

If Keysight MBP is not purchased, the mission to support LE2 through modeling of electronic components will fail to meet goals and milestones. Because parts modeling is required for design and survivability functions, the entire LE2 program will shift right by as much as a year.

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.

Contracting Officer Signature Name (Printed) / Phone # Date

WESSEL.DANIEL

E.M.1370221568

Digitally signed by

WESSEL.DANIELE.M.1370221568

Date: 2020.07.22 08:27:31 -04'00' Daniele Wessel/812-854-5242 7/22/2020