A27 SAP Non-Competitive Procurement Justification Memo_Redacted.pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM: Daniel Bechetti

CODE: 611

TO: Code 02

DATE:

SUBJECT: Non-Competitive Procurement Justification Memo for Actions Under SAT

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.

2. FAR 8.405-6 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer

3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), 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 (Include manufacture/sole source name and address.)

The Contractor shall provide a service agreement for the Bruker G4 Phoenix Diffusible Hydrogen Analyzer (Model:

GAS2344). This agreement shall, at a minimum, be equivalent to the Original Equipment Manufacturers (OEM) "Essential"- level service plan.

The service agreement shall be structured with a base period and two (2) one-year option periods.

Manufacturer: Bruker AXS LLC Address: 5465 E. Cheryl Parkway. Madison, WI 53711 Phone: 1-800-234-9729 POC: Madison Barker, sop.team.axs.us@bruker.com

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

A. BRAND NAME. The item required must be a brand name product, or feature of a product, particular to one manufacturer.

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).

3. Federal Supply Schedule (FSS) IAW FAR 8.405-6(b).

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

4. Other Reasons.

B. SOLE 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.

Bruker AXS LLC. is the sole source provider for the sales, installation and support of Bruker manufactured instrumentation in North America.

The technology developed and supplied by Bruker is proprietary and is protected by patents and copyrights.

The service materials and training are only supplied to employees and approved distributors.

Bruker AXS LLC. and verified distributors are the only factory trained representatives authorized to sell and support Bruker products. The use of any other business or entity for support will void the existing warranty or maintenance agreement

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.

4. Federal Supply Schedules (FSS): IAW FAR 8.405-6(a)(1)

a. An urgent and compelling need exists, and following the procedures would result in unacceptable delays.

b. Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized: or

c. In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

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.