Sole_Source_JA_EDAX_service_maintenance_Redacted.pdf

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:

The EDAX/AMETEX Octane Elite Plus Energy Dispersive Spectroscopy (EDS) Detector is a unique and proprietary equipment and EDAX, Inc. is the only source of spare parts and software support. Due to the complex nature of the system and proprietary parts/equipment, the EDS detector needs maintenance which requires specialized equipment and parts to complete. The manufacturer recommends periodic maintenance to this equipment to prevent damage and maintain operability. The Scientific Services Division does not have the training or equipment to perform the periodic maintenance or any emergent repair. EDAX, Inc. is the only company that can provided theses services. The desired period of performance is October 21, 2019 through October 20, 2020.

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. _X__ 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. __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.

The proprietary EDAX/AMETEX Octane Elite Plus EDS Detector was installed in the Scientific Services material analysis area located in Building 7000, Room W110A on August 30, 2017 to replace and to upgrade from a 15-year-old EDS system. A EDAX, Inc. service maintenance is required on the 1) EDAX/AMETEX Octane Elite Plus EDS system and 2) silicon drift detector (SDD) module in order to maintain and properly operate the equipment for detailed and accurate analysis on material chemical composition of SSBN components and raw material used to manufacture SSBN components.

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 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.

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.

10/18/2019

Signature Name (Printed) / Phone # Date

B. Certification/Approval. See FAR 13.501

10/18/2019

Signature Name (Printed) / Phone # Date t