B2 3277V016 Sole Source Determination.pdf

For Official Use Only – See FAR 2.01 and 3.104

Last Updated: January 2020

MEMORANDUM TO THE RECORD

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

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

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:

Purchase 4ea spare iGrab 12.7mm 4-way Articulating Guide Tube Series with Carry Case, estimated cost $43,720 with a required delivery date of

11/30/2023.

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. _ __ 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. _X__ 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. .

Intertest is the original equipment manufacturer for this equipment. The iGrab 12.7mm replacement part is specifically for the existing FOSAR Manual Retrieval Tool Kits. The 12.7mm 4-way

Articulating Guide Tube must be compatible with the existing FOSAR

Manual Retrieval Tool Kits.

OR

Last Updated: January 2020

3.___ OTHER REASONS. Other reason not identified above.

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

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:

4. If appropriate, include any additional pertinent information.

Last Updated: January 2020

IV. CERTIFICATIONS/APPROVALS:

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.

NAME Date

Title

Contracting Officer Certification: I certify that the facts and representation included in this justification are complete and accurate to the best of my knowledge and belief.

NAME Date

Contracting Officer

179482 09/07/2023