B02.0 Sole Source Determination - Power Supplies Cal&PM_Redacted.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

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 required service is for calibration, inspection, and minor maintenance of six (6) motor test systems and power supplies at Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS&IMF). The electronic equipment are used to test Navy motors under and off of load. The required source is Doble Engineering (Cage Code 94856), owner of Phenix Technologies, the original equipment manufacturer (OEM) of the equipment.

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.

Phenix Technologies, a division of Doble Engineering holds proprietary rights/information on the model MTS500R-400D motor test set of their manufacture. In addition, due to similar design and purpose, the level of proprietary data is assumed to extend to other motor test sets and power supplies of Phenix Technologies manufacture. As such, Doble Engineering, employer of Phenix Technologies employees, is the only responsible source for the OEM services required of this contract. (Supporting Documentation: Proprietary Designs letter provided by Doble Engineering/Phenix Technologies).

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.

OR

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

IV. CERTIFICATIONS/APPROVALS: