Gamma Scientific Sole Source - Redacted.pdf

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity:

U.S. Army Contracting Command – Aberdeen Proving Ground Tobyhanna Division Tobyhanna Army Depot 11 Hap Arnold Boulevard Tobyhanna, PA 18466-5100

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Request Number:

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #______________ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) AWCF Other Funds:

FY: ________

Name of Proposed Contractor(s) and Address:

Gamma Scientific 9925 Carroll Canyon Road San Diego CA 92131

Brand Name Buy: Yes No

3. Description of Services or Supplies:

This requirement is for a five (5) Year Service Contract for Calibration of the Gamma Scientific Photo Diodes in the C/Aircraft Survivability Equipment Branch of C4ISR Directorate.

Period of Performance: 6/1/2023 to 6/10/2028 Total Value:

Base Period: 6/1/2023 to 6/2/2024 Value:

Option Period 1: 6/3/2024 to 6/4/2025 Value:

Option Period 2: 6/5/2025 to 6/6/2026 Value:

Option Period 3: 6/7/2026 to 6/8/2027 Value:

Option Period 4: 6/9/2027 to 6/10/2028 Value:

Total:

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the Simplified Acquisition Threshold (SAT) $250,000.00, only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. Gamma Scientific holds the proprietary rights to Photo Diodes design, hardware and embedded software codes. The Government does not possess the necessary intellectual property rights in software and technical data to perform the maintenance.

b. No other manufacturers who fabricate like products have the access to Proprietary Information/Classified Performance Parameters of the Diodes.

c. Given the proprietary nature of the technical data, it is not possible to procure through an alternate source as Gamma Scientific retains the rights to the technical data.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $250,000.00 threshold, apply and will be followed, or do not apply due to an exception at 5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii)(C)

7. Market Research: Market research was conducted during December 2019 by an Equipment Specialist from Mission Modernization Branch, Production Engineering Directorate, Tobyhanna Army Depot, for a company to calibrate the diodes, but none were located/available. Gamma Scientific owns all data and software rights that are essential in providing service and calibration. They are not available for purchase.

8. Other Facts:

N/A

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon market research performed by the requiring activity.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Signature: