B2 SOLE SOURCE SAT MEMO for LECO RC612 Moisture Analyzer PM and Cal_Redacted.pdf
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- Attached to
- LECO RC612 Moisture Analyzer
- Solicitation number
- N4523A26Q0010
About this file
This is a Memorandum for the Record justifying the use of other than full and open competition for a simplified acquisition threshold procurement.
The government seeks a one-year preventative maintenance and calibration service contract for a LECO RC612 Moisture Analyzer (serial #3225) used by TRF Bangor Code 640 to analyze moisture content in weld flux, which directly supports welding quality assurance in Shop 26A. The required contractor is LECO Corporation, 3000 Lakeview Avenue, St. Joseph, MI 49085. The contract scope includes one scheduled annual preventative maintenance and calibration visit with deliverables comprising a preventative maintenance service report, engineer labor and travel, instrument cleaning, plumbing inspection, replacement of normal wear parts and reagents, electrical and mechanical functional checks, all adjustments, calibration service report, and contractor-furnished materials including parts, tools, shipping, and personal protective equipment. The required delivery date is March 14, 2026, with a period of performance from March 14, 2026 to March 13, 2027, priced at $8,065.00, with the option to renew for three additional years.
The justification for sole source procurement is based on two grounds: restrictive rights and exclusive licensing agreements. LECO Corporation holds proprietary rights to the analyzer's design, spare parts, and software, making it the only source capable of providing specialized maintenance and support. The manufacturer explicitly recommends periodic maintenance and annual calibration to prevent damage and maintain operability. Additionally, the OEM is the sole manufacturer and service provider, and third-party acquisition would void existing warranties and eliminate service support. The Technical/Requirements Certification section is included but signature and date information are not visible in the document.
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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
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:
Requesting a one-year preventative maintenance and calibration service contract that includes all parts, travel, and on-site labor on the LECO RC612 Moisture Analyzer. Request that the one-year service contract be renewable for the next 3 years.
The LECO RC612 Moisture Analyzer is unique and proprietary analytical system that is utilized by TRF Bangor Code 640 to analyze the moisture content in weld flux. Excessive moisture in weld flux may cause hydrogen embrittlement in welds and cause premature failure. This analysis assists Shop 26A (Welding Shop) in determining weld flux quality and ensuring that welds will not fail prematurely.
The contractor that will be performing the service is LECO Corporation, 3000 Lakeview Avenue, St. Joseph, MI 49085
The contractor shall accomplish the maintenance, calibration and repair of the LECO RC612 Moisture Analyzer (serial #: 3225). A qualified factory trained service engineer accomplish all maintenance, adjustments, and documentation for all repairs to the LECO RC612 Moisture Analyzer. Work center will coordinate with vendor to arrange service call times and dates.
The contractor shall perform:
a. One (1) scheduled annual preventative maintenance and calibration visit for the LECO RC612 Moisture Analyzer.
b. Deliverable items:
• Preventative maintenance service report
• Engineer labor and travel are included
• Instrument cleaning
• Plumbing inspection
• Replacement of normal wear parts and reagents
• Electrical and mechanical functional checks
• All adjustments (as needed)
• Calibration service report
c. Contractor furnished material:
• Parts for moisture analyzer
• Tools for maintenance
• Shipping of tools and parts
• Personal protective equipment
The required delivery date is March 14, 2026. The period of performance March 14, 2026 to March 13, 2027: $8065.00
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.
Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.
The LECO RC612 Moisture Analyzer is unique and proprietary analytical systems and LECO Corporation is the only source of spare parts, software support, and service support for this system. Due to the complex nature of the system and proprietary parts/equipment, the LECO RC612 Moisture Analyzer needs maintenance that requires specialized equipment to complete.
The manufacturer recommends periodic maintenance and annual calibration to this equipment to prevent damage and maintain operability. This is best accomplished by the OEM, LECO Corporation, that is familiar with and equipped to do this type of work.
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.
Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.
The LECO RC612 Moisture Analyzer is only manufactured/sold through the OEM therefore cannot be purchased from any other source. It is the only manufacturer that can supply and service these two items and will provide a warranty. If these are acquired from a third-party, there will be no warranty/existing warranty will be void or provide any service/support. No other sources can manufacture or service the flashpoint tester.
OR
Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).
3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.
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.
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