23Q0126_NONCOMP_REDACTED.pdf

SWIP Tracking No. Aug 2021 [eFile A04_08]

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:

Total Dollar Value:

HiLevel Technology

Irvine, CA

1L3V1

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.

The ETS780 with PEB 4M Pin electronic module 4M and AID-DIA testing option (quantity two systems), are specialized equipment

. This equipment has a current value of and this proposed maintenance contract has an estimated cost of for a twelve month period, based on a three year maintenance agreement option with the vendor. The total maintenance service base period of performance of for one year from date of award and with options for two more years to run concurrent to the base period. .

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

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ARP 53.13-1

Aug 2021

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.

HiLevel Technology, Inc is the original manufacturer (OEM) of this equipment and is the only authorized service resource for repair, maintenance, and upgrades to HiLevel equipment (which is made in USA). HiLevel also hac;; lJ.S. Navy Federal Supply Class (FSC) "All Green" classification, and they are ISO 9000 certified. The Hilevel equipment must be properly maintained for accuracy of data collection and readily available in proper working order to meet short lead time and quick tum-around test schedules.

The Hilevel ETS780 Test Sytems are custom manufactured test sytems, developed for use by . Since HiLevel Technology, Inc is the OEM of this equipment, they have the specialized expertise to service, maintain, upgrade, and calibrate the test equipment systems. If this contract had to be competed, and a new service vendor was chosen, the new vendor would have to learn about the test system, before they could even begin to diagnose, analyze, and service any components. It would not be in the best interest of the government to use any other vendor than the OEM, who has maintained this equipment since it has been on base. It is difficult to estimate the cost of contracting out this service to another vendor, suffice to say, it would cost much more than the current estimate.

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