26Q0014 BNLS_Redacted.pdf

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Date: _________________

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 expla ins 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.

DESCRIPTION OF ITEM OR SERVICE:

Provide a description of the item or service required, to include

b) the required delivery date/period of performance and

c) its intended

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

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

ON THE FOLLOWING (select a ll that apply):

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.

a . Expla in what is subject to the restrictive rights.

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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 expla in 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.

OTHER REASON:

_ _ CRITICAL EQUIPMENT: The required item is critical equipment, the failure of which poses a hazard to the opera tional system, the crew, or the environment.

Explanation on how requirement and intended purpose is critical:

b. _____ STANDARDIZATION / BRAND NAME: only the specified make/model of the

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.

i. Identify Make / Model of existing equipment:

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V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: 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.