24Q0011 BNLS REDACT.pdf

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Date: _________________

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): ___ TBD UNDER N63038 ____________________________

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, 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 because 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:

1. Provide a description of the item or service required, to include

a) the name of the required source or brand name

____ TDK LAMBDA POWER SUPPLY __________________________________________

b) the required delivery date/period of performance and

____ REQUEST DELIVERY WITHIN 30 DAYS ARO ______________________________

c) its intended use.

_ POWER SUPPLY FOR CURRENT SYSTEM FOR OPERATIONAL PURPOSES _____

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

___ ALL AUTHORIZED DISTRIBUTORS OF TDK LAMBDA __________________________

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.

a. Explain what is subject to the restrictive rights.

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b. If drawings are included, who is identifi

2. __XX_ 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.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

__TDK LAMBDA US OWNS ALL PROPRIETARY RIGHTS TO SPECIFIC POWER SUPPLY REQUIRED __

b. Identify the distributors / authorized technical representatives for the item or service.

Provide evidence of the licensing or OEM certification agreement as an attachment to this document.

_OEM WEBSITE IDENTIFIES MULTIPLE AUTHORIZED DISTRIBUTORS WITH ABILITY TO OBTAIN

OEM CERTIFIED MATERIAL SPECIFIC TO UNIT REQUIRED AS WELL AS ACCESS TO SPECIFICATIONS

TO ENSURE UNIT MEETS REQUIRED CRITERIA _________________________________________

3. _____ OTHER REASON:

a. _____ CRITICAL EQUIPMENT: The required item is critical equipment, the failure of which poses a hazard to the operational system, the crew, or the environment.

i. Explanation on how requirement and intended purpose is critical:

b. __X__ STANDARDIZATION / BRAND NAME: only the specified make/model of the

i. Identify Make / Model Number(s): Lamda 402L series power supply Part Number 402L-1kV-POS-5V-3P208

ii. Identify other systems with this Make / Model:

_Current system is a legacy unit and no immediate knowledge of other units requiring the same power supply _

c. _XX_ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

_TDK-Lamda 402L series power supply Part Number 402L-1kV-POS-5V-3P208_

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ii. Describe how the equipment must be compatible with the existing configuration.

__This power supply is a direct and identical replacement for existing equipment. In order to utilize a different power supply a complete redesign of existing system would be required. Redesign of the system would far exceed the cost of the power supply. Existing system is critical to mission operations and to reconfigure form fit and function would require shut down of system that would prove to be costly to operations. _

d. _____ OTHER:

4. _____ 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. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified: ______________________________

b. Required delivery date / Period of Performance: _____________________________

c. If the difference between a. and b. is more than one week, explain the delay in submitting t he requirement.

d. Estimated production lead time: ______________________________

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: __$16,600.00_____________