20Q0094_ Noncomp_Redacted.pdf

SWIP Tracking No.

DON SAP Guide Enclosure (3) 1

MEMORANDUM TO THE FILE

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

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

IDENTIFICATION OF SOURCE:

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:

• 777-482-00 – Support Services

*REQUESTING A BASE YEAR, ALONG WITH 4-YEAR OPTIONS*

- BASE YEAR TOTALING

- OPTION YEAR 1 TOTALING

- OPTION YEAR 2 TOTALING

- OPTION YEAR 3 TOTALING

- OPTION YEAR 4 TOTALING

- TOTAL FOR BASE AND FOUR 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):

DON SAP Guide Enclosure (3) 2

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

This is an all-inclusive Product & Software Support Agreement that combines Hardware and

Software support for the This includes phone support, web-based support, two preventative maintenance visits, and fast part repair services.

The is designed, developed, and manufactured exclusively by . It is a fully customizable piece of test equipment designed exclusively with Crane’s needs and goals in mind. is uniquely able to provide support, repair, parts, and software not available through any other company.

Along with the is also the sole provider of programming components designed for use with the . These components are used to design fully functional test capabilities on the . is the sole provider of updates and support resources for these programming elements of the

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 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:

DON SAP Guide Enclosure (3) 3

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. 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.

Signature Name (Printed) / Phone # Date

B. Certification/Approval.

Upon the basis of the above statements and information justification, I hereby approve, as the

Contracting Officer, the solicitation of the proposed procurement(s) using other than full and open competition.

Contracting Officer Signature Name (Printed) / Phone # Date