Encl3 LSJ Sole Source MSSD-5024 Redacted.pdf

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:

The nature of this action is to procure Sole Source Mirion Technologies - Canberra software renewal for Puget Sound Naval Shipyard & Intermediate Maintenance Facility (PSNS&IMF).

This procurement will be awarded as a firm-fixed-priced delivery order to . The estimated cost is $31,374.00. Fiscal Year 2022 Operation and Maintenance, Navy funds are provided on funding document N4523A22RCXXXXX . The period of performance is 09 Apr 2022 to 07 Apr

2023 with a required delivery date of 07 Apr 2022.

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. 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. X_ OTHER REASONS.

The Genie 2000 spectroscopy software is a comprehensive environment for data acquisition, display and analysis of gamma and alpha spectrometry data. It provides independent support for multiple detectors, extensive networking capabilities, an intuitive and interactive human interface and comprehensive batch procedure capabilities. The full multitasking architecture of Genie

2000 allows the software to run multiple independent count procedures for several detectors simultaneously. The maintenance is required to stay current with software upgrades. Mirion

Technologies - (Canberra) Inc. is the sole proprietary owner of the hardware and software product-line and are the only source to obtain the maintenance through. There are no other resellers for the needed software and it is only available through the open market. Puget Sound

Naval Shipyard has invested approximately $200,000 in the software and maintenance since

2012.

Based on current market research dated Jan 2022, it has been determined only the aforementioned brand name product and/or product support, Mirion Technologies Canberra software renewal, can fully support the Government’s needs. No competitor functional replacement products exist in the market at this time to meet the Government's needs. The

Government will continue to conduct market research to determine if there are changes in the market place that would enable future competitive actions; e.g., there are similar products and/or product support in the marketplace that provide the same functionality, the OEM releases ownership rights of product, or it is economically feasible to procure a new system.

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:

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.

Signature

Name (Printed) / Phone #

Date

B. Contracting Officer Approval:

Signature Name (Printed) / Phone # Date