Power Supply_Brand Name_Redacted.pdf

SAMPLE 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:

Marine Corps Tactical Systems Support Activity (MCTSSA) seeks to acquire the brand-name products, identified in Table 1 (Requirements), The preferred delivery date for this equipment is before 30 September 2023.

Table 1 - Requirements Part Number Description Qty

320LSX

High Performance Alternating Current (AC) Power Source, 2kVA, Three Phase, Solid State AC Power Source with Programmable Controller (USB, RS232, LAN/LXI, GPIB) Vin: 100, 110, 120, 200, 220, 230, or 240VAC, Single Phase, 47-63Hz Vout: 0-150Vl-n, 1, 2 or 3 Phase, 15-1200Hz

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.

3. ___ OTHER REASONS.

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

The requirements listed in Table 1 (Requirements), hereafter referred to as the “320LSX Power Supply,” are

MCTSSA requires the brand name 320LSX Power Supply, as this is

Procuring a different product would add unnecessary risk, as the device must work within the intended environment or the whole purpose of this project fails, duplicating training and cost. The brand name 320LSX Power Supply is the only known proven solution that meets the Government requirements and which the MCTSSA Team has the ability to leverage knowledgeable subject matter expertise.

MCTSSA Contracts Office published a Request for Information (RFI) RFQ1621585 on General Services Administration (GSA). The RFI issue date was 18 April 2023, and the close date was 02 May 2023. MCTSSA Contracts received a total of twenty-three responses from the RFI.

Two companies provided literature directly to the Contract Specialist, seven companies expressed interest via GSA, and fourteen companies provided “No Quote” responses via GSA.

All nine companies that provided interest are small businesses. Four of the companies provided pricing as part of their response to the GSA RFI.

The RFI yielded responses that included both Pacific Power Source brand power supplies and other power supplies. MCTSSA Requirements Team analyzed the literature provided in response to the GSA RFI and contacted Pacific Power Source to determine if they had approved distributors for these power supplies. It was determined that several GSA vendors proposed Pacific Power Source power supplies as third-party resellers and that Pacific Power Supplies does not have any approved distributors within the United States.

The results of this market research indicate that the Pacific Power Source brand power supplies may be available via GSA from third party resellers at a mark-up price. Unfortunately, the MCTSSA Requirements Team could not determine if the responses received from the GSA RFI for power supplies not manufactured by Pacific Power Source Inc. would work for the testing application.

The Pacific Power Source power supplies are available open market as commercial off the shelf items and Pacific Power Source is a small business.

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.

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.

David C. Thomas, Requirements Owner Marine Corps Tactical Systems Support Activity

B. Certification/Approval. See FAR 13.501

Beverly L. Hobbs, Contracting Officer Marine Corps Tactical Systems Support Activity

THOMAS.DAVID.C.

1050640600

Digitally signed by

THOMAS.DAVID.C.1050640600

Date: 2023.06.29 10:47:27 -07'00'

HOBBS.BEVERLY.L.

1045933926

Digitally signed by

HOBBS.BEVERLY.L.1045933926

Date: 2023.06.29 13:15:25 -07'00'