21Q0115 Non_Comp.pdf

SWIP Tracking No. SGXM218220

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:

Tektronix Inc.

Beaverton, OR, Cage Code: 80009

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 preventative maintenance service for the Keithley 4200 SCS Series SN:1139412, 1430405, 1435953 for routine maintenance, repair, and calibration. Scheduled maintenance visit is 6/7/2021

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. _X__ 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.

Keithley/Tektronix maintains proprietary software and hardware to fully calibrate and repair their 4200 SCS systems. Third party labs do not have access to the proprietary calibration system. Previous attempts to have third party lab calibration of a 4200 resulted in uncalibrated preamplifiers and system configuration errors. Keithley/Tektronix also maintains the proprietary design of the 4200 SCS for repair operations.

Service for the Keithley/Tektronix 4200 SCS systems can only be provided by the OEM due to the proprietary/unique characteristics of the device. As stated above, attempts for third party calibration resulted in uncalibrated equipment. No other third party has been identified as being certified by the OEM to work on these systems. Keithley/Tektronix is the original manufacturer of these 4200 SCS systems, and therefore controls the proprietary information that lies within the equipment which is imperative for the preventative maintenance of this system.

To get another vendor certified would cost close to impact our schedule in a negative manner. We are required to have calibrations every year.

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

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.

DON SAP Guide Enclosure (3) 3

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

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.DANIELE.M.137

0221568

Digitally signed by

WESSEL.DANIELE.M.1370221568

Date: 2021.05.24 13:08:51 -04'00'