Memo to File - Other than Full and Open (NTE SAT)_Redacted.pdf
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- Solicitation number
- N4215826PN098
About this file
This is a Memorandum to the File documenting a contracting officer's justification for using other than full and open competition for a simplified acquisition threshold purchase.
The acquisition covers scheduled maintenance and periodic software support for a cutting machine vital to operations at Norfolk Naval Shipyard, specifically for fabricating nuclear containments and preventing work stoppages. The requirement period runs from September 30, 2026 through September 29, 2027. The justification for single-source procurement is based on two primary factors: (1) Restrictive Rights – GERBER TECHNOLOGY holds sole proprietary rights to Cutworks software, which provides programmed cutting precision and repeatability necessary to operate the AutoCAD Cutting Table used for nuclear containment fabrication; and (2) Exclusive Licensing Agreements – Norfolk Naval Shipyard requires licensing and services from Gerber Technology for two specific models, making it the only authorized source for these critical services. The contracting officer has determined that only one responsible source is reasonably available under FAR 13.106-1(b)(1)(i), as the requirement does not exceed the simplified acquisition threshold. The memorandum includes certification sections for both Technical/Requirements and Contracting Officer approval, though specific signatures and dates are redacted in the document.
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Other files
| File | Type | Posted |
|---|---|---|
| Statement of Work FY26.final_Redacted.pdf |
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(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)
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:
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.
___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.
___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:
Date on which the requirement was first identified:
Required delivery date/period of performance:
Explanation of why delivery/commencement of services by the date mentioned above is required:
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.
B. Contracting Officer Certification/Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.
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