22Q0034_NON-COMP-redacted.pdf

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:

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.

SWIP Tracking No.

MEMORANDUM TO THE FILE

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

SIMPLIFIED ACQUISITION THRESHOLD

IDENTIFICATION OF SOURCE:

Vendor Name:

Vendor City/State:

Cage:

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select applicable area below to open specific form)

A. ONLY ONE RESPONSIBLE SOURCE

B. BRAND NAME

C. UNUSUAL AND COMPELLING URGENCY

Total Dollar Value:

ARPG Ref 08 [eFile A04_08]

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.

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. 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 he 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.

IV. CERTIFICATION/APPROVALS:

A. Technical / Requirements Certifications: 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.

Signature Name (Printed) / Phone # Date

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

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If the SOM is damaged and service agreement is not in place, we will have excessive downtime.

The FEI Meridian IV SOM is used regularly to perform Failure Analysis on microelectronic devices to support GXV Division. The FEI Meridian IV SOM is used to perform failure analysis on key microelectronic devices to determine root cause of failure. Not having the system operational would severely impact our ability to find the root cause of failure for our customer, which would impact their schedule. Due to the sensitivity of the components this work needs to be done in a government facility so contracting out this work is not feasible. To purchase another tool would cost around $2M and would take 10-12 months for delivery. If we had to go with a different procurement route, the schedule would be impacted because of the procurement time, delivery, training, and any testing that we may need to do before we can use the equipment. We would be without the equipment for that time period which would add stress to the programs we support.