16SU00322_Brand_Name_Altium.pdf

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR AN ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: Purchase Request No.

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:

REQUIRED/RECOMMENDED source(s):

Company:

Company POC and Phone Number:

Company Address:

Company Dealer/Representative:

Dealer/Representative Address and Phone Number:

Company POC and Phone Number:

Company Address:

JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Company POC and Phone Number:

Company Address:

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.

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. □ OTHER REASONS.

B. □ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

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:

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.

Signature Name (Printed) / Phone # Date

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

C. Legal Endorsement (Required if SOLE SOURCE with Est. Value >$25,000): The above document has been reviewed and is considered legally sufficient.

II DESCRIPTION OF ITEM OR SERVICE: Software Licenses, Maintenance and Technical Support for the Altium Designer. The Altium Designer is a software application used to create Gerber files that are required for the production/creation of printed circuit boards. Altium Designer is being tested as a replacement for Cadence OrCAD, for non-legacy requirements, and is required for consistency with FRC-SE and FRC-SW on the H-53 AFCS Development project.

Period of Performance - 15 September 2016 - 14 September 2017

Software requirements are required to be submitted and approved prior to software procurement in the Department of Navy Application and Database Management System (DADMS). In order to receive DADMS approval of software requirements FRCE has to complete the Functional Area Manager (FAM) questionnaire along with proof of vendor support and IT Approval. FRCE has researched to identify a software that would meet the requirement/currently hold licenses in order to receive the required DADMS approval. Therefore, procuring software other than the software that has been requested, would not be authorized/incurring a cost to the government for software that cannot be utilized. Altium Designer has been DADMS approved and FRCE is a stakeholder on the Altium Designer.