22Q0044 BNSS_Redacted.pdf

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Date: _16 August 2022_____

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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

CONTINENTAL ELECTRONICS CORPORATION

b) the required delivery date/period of performance and

15 September 2022

c) its intended use.

AN/FRT-31 TRANSMITTERS

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

_CONTINENTAL ELECTRONICS CORPORATION____________________________

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. _XX__ Only one responsible source (select all that apply):

1. _XX__ 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.

THE AN/FRT-31 TRANSMITTERS ARE INCORPORATED AND USAGE/CONTROL

DIRECTED BY NIWC. NIWC HAS VETTED ALL REQUIRED MATERIAL AND HAS

IDENTIFIED SOME OF THE EQUIPMENT TO BE SPECIFIC FOR APPROVED USAGE ON

THE DESIGNATED APL.

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

NIWC HAS DESIGNATED AUTHORIZED MATERIAL FOR THE AN/FRT-31

TRANSMITTERS AS NIWC IS THE DESIGNATED SOURCE FOR OVERALL

AUTHORIZATION OF USAGE AND CAPABILITIES FOR THE TRANSMITTERS

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.

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

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.

3. _XX__ OTHER REASON:

a. _XX__ 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:

THE AN/FRT-31 IS CRITICAL EQUIPMENT FOR MISSION OPERATIONS AND IS

UTILIZED FOR LF AND VLF COMMS FOR TACTICAL AIRCRAFT AND DEPLOYED

VESSELS. FOR THE SAFETY AND SECURITY OF DEPLOYED FORCES IT IS

IMPERATIVE TO MAINTAIN OPERATIONS OF EQUIPMENT TO AVOID

CATASTROPHIC AND POTENTIALLY LIFE THREATENING OUTCOMES FOR

DEPLOYED UNITS.

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.

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i. Identify Make / Model of existing equipment:

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

d. _XX__ OTHER:

_NIWC HAS REGULATED SPECIFIC ALLOWABLE EQUIPMENT ON THE

AN/FRT-31 TO ENSURE CONSTANT FLOW. USE OF OTHER THAN IDENTIFIED

AUTHORIZED UNITS COME WITH A HIGH RISK OF FAILED EQUIPMENT. RESULT IN

BREAKDOWN OF EQUIPMENT WOULD REQUIRE COMPLETE REPAIR OR REDESIGN

OF EQUIPMENT THAT WOULD RESULT IN A DISPARITY OF COSTS TO THE

GOVERNMENT FINANCIALLY AS WELL DEGRADE REQUIRED DAILY MISSION

REQUIREMENTS._

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: _ _____________________