23Q0190_Non Comp_Redacted.pdf

ARP 53.13-1

B. BRAND NAME

SWIP Tracking No. GXM-0071 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: Thermo Electron North America LLC

Vend0r City/State: West Palm Beach, FL

Cage: 3WXJ7

1. FAR 13.106-l{b)(l)(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.

Preventative maintenance on the Government Owned LC-MS instrument manufactured by Thermo Electron. The maintenance contract covers all instrument components that comprise the LC-MS, the Velos Pro Tandem Mass Spectrometer (S/N LTQ40676) and Vanquish Ultra-High Performance Liquid Chromatograph (UPLC) to include the Quaternary Pump (S/N 8312590), Split Sampler (S/N 8312400), and Column Compartment (S/N 6502976).

POP: 1 base year; 1 option year

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

FOLLOWING (select applicable area below to open specific form) x A. ONLY ONE RESPONSIBLE SOURCE

C. UNUSUAL AND COMPELLING URGENCY

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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.

Thermo Electron is the original manufacturer of this equipment and have patent and proprietary rights to all data, drawings, and schematics and have in-house, both trained and licensed technical personnel as well as a stockpile of repair/replacement parts. These elements are all necessary and critical to enable both timely and accurate repairs of the Thermo Electron equipment identified above. Thermo Electron does not give access to their proprietary information. Without access to this information, another firm would require extensive study and reverse engineering of the hardware and software control of the system Aside from the extensive reverse engineering labor, this would require the purchase of an identical system

This LC-MS system is used in the materials analysis of materials that comprise microelectronic components used for the Trident Missile System. Procurement of this service will ensure operational availability of the instrument and expeditious repair if required. Failure to procure this service will create risk of delays or inability to perform the required analysis, negatively affecting schedules for parts qualification and system production and analysis of field failures that may impact the reliability of the weapon system. Purchasing repair services on an as-needed basis delays repair due to procurement lead-time. Furthermore, customers with a service contract in place receive priority in service response.

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.

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GXM-0071 [eFile A04_08]

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.