A5 SOLE SOURCE SIGNED_Redacted.pdf

MEMORANDUM FOR THE RECORD

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

JML _______________________

I. BACKGROUND:

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:

The CEM MARS 6 Microwave Digestion System with iWave Temperature Control (MARS 6) was acquired in 2023 to replace an irreparable high pressure digestion system. The MARS 6 is the recommended equipment in the controlling Required Interlaboratory Methods (RIMs) for Detrimental Materials Analysis, controlled by NAVSEA 04Q: Laboratory Quality and Accreditation Office. The system is complex, with few user serviceable parts. Regular preventative maintenance and corrective repairs require a certified CEM technician to keep the equipment operating safely and in accordance with RIMs.

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

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

The laboratory utilizes the iWave with Xpress Plus vessels setup for the MARS 6, which allow for disposable liners to be used to minimize contamination, as was an issue in past techniques.

MARS 6, Xpress Plus, and iWave are all trademarks of CEM. iWave itself is a protected and proprietary technology developed by CEM.

5002-8700

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. _X_ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

The MARS 6 is a 230V, 1800 Watt system, operating at high temperature and pressures, with highly corrosive acids, which uses the iWave technology to monitor and control the parameters within safe and correct limits. Allowing a technician who is not associated with CEM to preform service on the MARS 6 could result in damage to the system, compromising not only the integrity of the work being performed using the MARS 6, but also safety to chemists and analysts in the vicinity of the system.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

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 the 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: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements 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.

Signature Name (Printed) / Phone # Date

12/19/2024