2210ZN01 through 2210ZN22 - Memo to File - Other than Full and Open (NTE SAT).pdf

Document No’s 2210ZN01 through 2210ZN22

MEMORANDUM TO THE FILE

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

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:

DOCUMENT NO’S 2210ZN01 THROUGH 2210ZN22.

RDD FOR ALL ITEMS: 11/1/2022

ITEMS ARE VARIOUS NI (NATIONAL INSTRUMENTS) BRAND TEST

EQUIPMRNT. VARIOUS P/N’S AND MODEL NUMBERS AS INDICATED ON THE

JMLS. USED FOR CARRIER A4W PLANT TESTING.

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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

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.

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

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

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.

THE PURCHASE OF THE REQUIRED BRAND NAME ITEM WILL ASSURE

COMPATABILITY WITH CURRENT NATIONAL INSTRUMENTS SOFTWARE

ALREADY IN USE BY C2330 FOR TESTING AND TROUBLESHOOTING A4W

INDICATIONS AND CONTROLS.

NO OTHER PARTS WERE FOUND TO BE SUFFICIENT FOR COMPATIBILITY WITH

THE SHIP’S EQUIPMENT WE NEED TO INTERFACE WITH. ADDITIONALLY IT IS

SELECTED FOR ITS COMPATIBILITY WITH NATIONAL INSTRUMENTS

SOFTWARE ALREADY IN USE BY C-2330 THROUGHT THE SHIPYARD. THE

EQUIPMENT REQUESTED IS REQUIRED TO MAINTAIN COMPATIBILITY WITH

EXISTING SYSTEMS AND IS COMPATIBLE WITH SOFTWARE DRIVERS ALREADY

IN USE AT THE SHIPYARD.

REQUESTED BRAND NAME REPLACEMENT WITH SIMILAR BUT NON-

STANDARD (DIFFERENT BRAND) EQUIPMENT PRESENTS THE POTENTIAL FOR

INCONSISTENCY IN THE APPLICATION, BOTH OPERATION AND TRAINING,

WHICH INCREASES THE LIKELIHOOD OF ADVERSE IMPACT TO THE COMMAND.

C. _X__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: 7/19/2022

2. Required delivery date/period of performance: 11/1/2022

3. Explanation of why delivery/commencement of services by the date mentioned above is required: TEST ENCLOSURES UTILIZING THIS ITEM ARE NEEDED SUPPORT

THE TESTING/TROUBLESHOOTING OF ALL CARRIER A4W PLANTS

THROUGHOUT THE FLEET. EACH ITEM REQUESTED IS LONG LEAD FROM

THE MANUFACTURER. DELAY IN GETTING THESE ITEMS AWARDED COULD

HAVE ADVERSE IMPACT TO THE COMMAND AND TESTING PROCEDURES FOR

CARRIER A4W PLANTS.

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 best of my knowledge and belief.

___________________ _David Love / 757-396-3061_ _7/27/2022___ Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification/Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

MEMORANDUM TO THE FILE