JA -FAR Part 13 Acquisitions under SAT (1)_TBR_Redacted.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 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)(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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The medical laboratory owns an Instrumentation Laboratory ACL TOP 350 CTS coagulation analyzer. The nature of the acquisition is to establish a service agreement of this analyzer with an authorized service representative.

The contractor will conduct two semi-annual visits for the purpose of performing preventive maintenance and to include any upgrades of software/repairs they deem necessary to carry out normal instrumentation function. The contractor will also provide on-call remedial maintenance in accordance with guidance provided in the Performance Work Statement (PWS). The estimated period of performance 5/1/2025 – 4/30/2026 and four (4) option years.

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 company could not satisfy the Government’s need.

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.

Previously Mitsubishi Chemical Medience Incorporated, a subsidiary of

Beckman Coulter and Instrumentation Laboratory was qualified to perform the service for the ACL analyzer. In 2014, Mitsubishi Chemical Medience

Incorporated lost the authorization to obtain repair parts from the original manufacturer as required in the PWS. Currently the only authorized service company for Japan that is authorized to provide this service is Instrumentation

Laboratory Japan.

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. URGENT AND COMPELLING. 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.

V. CERTIFICATIONS:

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.

Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.