21Q0036 BNLS REDACTED.pdf

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Date: _19 August 2021__

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): _N7027221PR7F900____________________________________

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, 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 because 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:

1. Provide a description of the item or service required, to include

a) the name of the required source or brand name

_SANS INSTITUTE_________________________________________________

b) the required delivery date/period of performance and

_WITHIN 1 YEAR OF AWARD__________________________________________

c) its intended use.

_OPERATIONAL CRITICAL CYBER TRAINING CERTIFICATION_________________

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

_SANS INSTITUTE_______________________________________________________

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.

a. Explain what is subject to the restrictive rights.

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b. If drawings are included, who is identified as “owning” the drawings.

2. _XX_ 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.

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

_DESIGNATED CYBER TRAINING FOR DON CYBER COMMANDS HAVE BEEN

CREATED BY SANS INSTITUTE AND IS THE ONLY SOURCE AVAILABLE TO PROVIDE

SPECIFIC CYBER TRAINING REQUIRED__

b. Identify the distributors / authorized technical representatives for the item or service.

Provide evidence of the licensing or OEM certification agreement as an attachment to this document.

_SANS INSTITUTE HAS PROPRIETARY RIGHTS TO SPECIFIC ESTABLISHED

TRAINING INTERACTIVE DESIGN UTILIZED FOR SPECIFIC CYBER EQUIPMENT IN

PLACE AND HAS ESTABLISHED AUTHORIZATION AND CLEARANCE FOR VIRTUAL

COLLABORATION_

3. _____ OTHER REASON:

a. _____ CRITICAL EQUIPMENT: The required item is critical equipment, the failure of which poses a hazard to the operational system, the crew, or the environment.

i. Explanation on how requirement and intended purpose is critical:

b. _____ STANDARDIZATION / BRAND NAME: only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s): ___________________

ii. Identify other systems with this Make / Model:

c. _____ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

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ii. Describe how the equipment must be compatible with the existing configuration.

d. _XX_ OTHER:

_PRIOR SOLICITATION N7027220Q0019 AS A TOTAL SMALL BUSINESS SET

ASIDE RESULTED IN ALL RESPONSES THAT HAD BEEN DETERMINED AS

TECHNICALLY ACCEPTABLE PROVIDING SANS INSTITUTE AS THE SUB-

CONTRACTED SOURCE TO PROVIDE TRAINING AND IDENTIFIED AS THE ONLY

AVAILABLE SOURCE TO PROVIDE REQUIRED TRAINING. PRICING QUOTED MORE

THAN 160% OF PRICING ESTIMATED AND RESULTED IN RESOLICITATION AS A

FULL AND OPEN COMPETITION THAT PROVIDED FAIR AND REASONABLE PRICING

AND MEETING THE REQUIREMED TRAINING CERTIFICATION REQUIRED FOR

DESIGNATED TRAINING RECIPIENTS._

4. _____ 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. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified: ______________________________

b. Required delivery date / Period of Performance: _____________________________

c. If the difference between a. and b. is more than one week, explain the delay in submitting t he requirement.

d. Estimated production lead time: ______________________________

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $158,400.00__________