A5 33058703 - Sole Source.pdf

See FAR 2.01 and 3.104

Last Updated: Feb 2023

MEMORANDUM FOR THE RECORD (MFR)

(This is only applicable to acquisitions under the Simplified Acquisition Threshold ($250,000). 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 # 3305-8703

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:

Repair service agreement for the government owned ATM Systemlabor, Serial 20455/20456 (AID# 4523A12751), and the ATM Systemautomat, Serial 22845 (AID# 4523A14984). Estimated cost = $8,016. Required date = January 31, 2024.

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 repairs, calibration, and service maintenance of the instrument requires proprietary information exclusive to the manufacturer, Verder Scientific (Verder purchased ATM in 2021). The 20455/20456 instrument was manufactured in 2015, and the 22845 instrument was manufactures in 2016. The equipment failure of 20455/20456 is related to various mechanical components (internal fluid pump, fluid lines, etc.) resulting in a system that is no longer viable for automatic usage. The equipment failure of 22845 is related to a failed circuit card that prevents the equipment for establishing alignment rending the equipment inoperable. These failures will require access to proprietary replacement parts and diagnostic tools that would require any third-party service contractor to sub-contract to Verder to obtain access to these parts and the diagnostic tools necessary to re-program and calibrate the circuitry.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. 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.

See FAR 2.01 and 3.104

Last Updated: Feb 2023

Typed or Printed Name Technical Representative Signature

B. Contracting Officer Determination: Based upon the rational contained herein the Contracting Officer herby determines that the circumstances of the contract action deem only one source reasonably available IAW FAR 13.106-1(b)(1)(i).

Typed or Printed Name Contracting Officer Signature