FOUO E23.0 UVC Test SOLE SOURCE Redacted.pdf

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:

UVC technology is proven to kill viruses and bacteria, but no evidence exists that UVC LED light (~272 nm wavelength) inactivates SARS-CoV-2, the Coronavirus causing the Covid-19 pandemic. The data currently available, as well as current NAVSEA testing methods, are for close viral relatives to SARS-CoV-2 and envelope viruses. In order to use UVC LED devices and other UVC technology to sanitize for SARS-CoV-2, testing on live SARS-CoV-2 is vital to prove efficacy of the technology and properly and safely support our workforce.

Colorado State University (CSU) Infectious Disease Research Laboratory (IDRC) (https://www.research.colostate.edu/idrc/), located in Fort Collins, Colorado, is one of the

The only major Center for Disease Control (CDC) infectious disease laboratory outside of Atlanta, Georgia resides on the CSU campus in Fort Collins, where the two organizations collaborate on research. CSU is the only location in the USA to receive live SARS-CoV-2 samples with experience testing UV on live virus in various capacities. lity, and shared research with the CDC, their availability of live SARS-CoV-2 virus to test, appropriate infectious disease testing facility, and experience testing using UV light inactivation methods make them uniquely qualified to perform our required tests. Market research indicates other ID labs will not meet our unique testing needs.

A UVC test apparatus is designed and developed at Puget Sound Naval Shipyard (PSNS) that will allow for a controlled and reliably reproducible dose to be given to various live virus samples to produce a viral inactivation curve which will show log reduction of virus based on dosage level received.

Twenty One weeks of testing is required at CSU IDRC, with testing commencement required by

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ 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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another co need.

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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

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.

C. _X__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:

Required delivery date of . Period of test performance is 21 weeks

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

, starting on , requires the ability to sanitize surfaces for SARS-CoV-2 due to work with a high risk of transmitting the disease. Initial CSU testing results will provide data necessary for use UV light on surfaces to sanitize for Coronavirus. This initial information is critical to mitigating schedule and health risk to job performance. Each day delay results in increased SARS-CoV-2 exposure which in turn results in increased health risk to the PSNS&IMF workforce as well as the ability of PSNS&IMF to meet scheduled mission requirements. Commencing testing at CSU as soon as possible greatly increases our chances at successfully delivering this technology to PSNS production shops and the Navy fleet to use.

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. Certification/Approval. See FAR 13.501

Signature Name (Printed) / Phone # Date