N6883619Q0450_J_and_A.pdf

PR#N4446619RC043JX

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:

Trident Refit Facility has a requirement for annual preventive maintenance visits, including Mechanical, Hydraulic and Electrical check of the system, performed by EMD Millipore authorized field service engineer. Only factory-trained field service engineers repair and maintain the water purification system in compliance with EMD Millipore’s service operating procedures.

Included is a comprehensive checkup of system specifications and operational functions, and preventive replacement of worn parts using a system-specific maintenance kit. This includes auditable service operating procedures and Software and Firmware updates. All necessary spare parts replaced free of charge, with only genuine EMD Millipore parts are used.

The contract will also include unlimited troubleshooting/repair visits during normal business hours (Monday - Friday 8am-5pm).

The requirement is for recurring services and the contract will include one base year and 3 option years.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING: SELECT ONLY ONE A, B OR C.

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.

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.

As confirmed by EMD Millipore by a signed letter from an authorized vendor representative to TRF: EMD Millipore is the sole manufacturer of it’s laboratory water products, including both new and replacement parts, and is the sole provider of it’s maintenance and repair services. No third parties are authorized to sell spare parts or provide maintenance and repair services, or to provide technical support for EMD Millipore laboratory water products.

As EMD Millipore is the sole manufacturer and sole authorized source of spare parts, maintenance and repair services, and technical support, no other vendor is able to meet the qualifications necessary to fulfill TRF’s requirement.

A search of FPDS-NG resulted in at least two recently awarded non-competed contracts to EMD Millipore for similar services within the last 30 days; one by the Department of Veterans Affairs (36C26019P1292) and one by the Environmental Protection Agency (68HE0219P0017). As such it is reasonably believed that this is truly a sole source requirement to EMD Millipore.

BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ___ OTHER REASONS.

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

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:

4. If appropriate, include any additional pertinent information.