Memo to File - (JA) Phenix Motor Test (Update 2).pdf

MEMORANDUM TO THE FILE

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:

An open inspect, report, repair, and calibration service was conducted on March 13, 2024 for (3)

Phenix Motor Test sets (04-2450/MTS100RX, 04-2451/ MTS100RX, and 03-1994/ MTS100R-

400) at Norfolk Naval Shipyard. The open and inspect service included on site trouble shooting by Phenix Technologies/Doble Engineering Co., OEM of Phenix Motor Test sets. The report included the documentation of all findings in a written report from the vendor to be delivered to the Technical Point of Contact. Findings identified deficiencies and the material needed to correct those deficiencies on Phenix Motor Test sets 04-2451/ MTS100RX and 03-1994/

MTS100R-400. Vendor also gave a quotation for cost of work based upon findings. Code 950 is requesting repair as suggested from vendor for Phenix Motor Test sets: 04-2451/ MTS100RX, and 03-1994/ MTS100R-400.

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.

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.

Phenix Technologies/Doble Engineering Co. is the Original Equipment Manufacturer

(OEM) for Phenix Motor Test Sets 04-2451/ MTS100RX and 03-1994/ MTS100R-400.

Phenix Technologies/Doble Engineering Co. has the proprietary rights to the Motor Test

Set Machines. All replacement parts are “One of One” and must be from the OEM in order for the equipment to operate to OEM performance standards. Any other parts could cause malfunction of equipment, voiding any warranty and possibly cause injury to shop personnel. The OEM has the propriety right for calibrating, trouble shooting and repairing the machines. Please see the attached statement from Phenix Technologies/Doble

Engineering Co. verifying the above statement.

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. 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 is 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: