21Q0216_non-comp_Redacted.pdf

SWIP Tracking No.

DON SAP Guide Enclosure (3) 2

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. _X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available

This support plan is required for use on existing software (previously purchased by the Government). The support offered by Amag ensures that the software systems will remain in compliance and within standard operating parameters established by the OEM.

Amag can only offer these site support agreement for Symmetry Amag software, as they are the owner and creator of the software system. Due to exclusive licensing and proprietary data, no other vendor is capable of providing support to these existing Government products. No other company can offer the technical support and licensing support that this specific software that the support covers. As an OEM-retained capability, Amag does not source the support of its software to third parties.

The Government must either purchase support for the existing system, or procure another

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: