23Q0059_Non_Comp_Redacted.pdf

ARP 53.13-1

Aug 2021

[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.

COLBY INSTRUMENTS is the OEM for this unit. COLBY INSTRUMENTS designed, built and produced the test equipment. Another firm cannot obtain the necessary highly specialized experience or technical capability in time to perform the repair requirement. From its initial delivery the unit was determined to be an OEM repair due to the complexity and knowledge required to do the repairs. The navy did not buy the drawings or the required alignment procedures to allow us or anyone else to do the required repairs and bring the units back to the required operational specifications. The government did not procure or does not possess the proprietary data. COLBY INSTRUMENTS has all of the necessary information and applicable data to complete the repair. No other vendor has rights to any of the proprietary data or the necessary equipment, data, and test procedures. To reverse engineer, the system and create drawings and parts list would take over two years and an estimated to create with no guarantee that any other source would be able to repair the units.

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.

COLBY INSTRUMENTS has the expertise and parts to repair and align the unit back to its original required specifications.

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.

D.

IV. CERTIFICATION/APPROVALS: