redacted JandA Fortus 450.pdf

Contracting Officer’s Determination Memorandum for Sole Source (Including Brand Name) for less than SAT

In accordance with FAR 13.106-1 (b) (1), for purchases not exceeding the simplified acquisition threshold (SAT) 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). The determination must explain why the item or service provider is the only one that will meet the Government's requirement. Statements such as "only know source" or "only source which can meet the required delivery date" are unacceptable to support a sole source purchase.

PCF Cabinet PANRSA # ESTIMATED AMOUNT (over $2,500 for services and $10,000 for supplies, not to exceed SAT)

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

CHECK THE TYPE OF PURCHASE. Provide the unique characteristics that limit availability to only one source, including the reason(s) no other supplies or services can be used to meet the Government's needs. If you are stating the purchase is mandated by law, regulation, or policy, state the publication, date, and include a copy of the publication with the package. If the request is based on unusual or compelling urgency, describe the circumstances leading to the urgency, including when the requirement became known. (Urgency cannot be justified due to expiring funds or a lack of planning by the customer.)

This is a Brand Name Purchase Sole Source Purchase

SIGNATURE AND TITLE OF CUSTOMER DIRECTORATE

SIGNATURE OF CONTRACTING OFFICER DIRECTORATE

To the best of my knowledge at this point in time, the information stated above is both true and accurate.

CCAM-ALK-LEAD FORM 4312, March 2019

This is a new Base plus 4 Option Year Contract for maintenance of the Fortus 450 3D Industrial Printer. PoP: 17 OCT

23 - 16 OCT 28.

Fortus hardware and software is currently installed and in use at LEAD. Software maintenance is necessary in order to maintain the systems integrity, reliability and security. STRATASYS, INC is the manufacturer of this proprietary software and retains exclusive rights to its use. Software maintenance used to provide licenses, upgrades and patches to the Fortus 450 hardware can only be obtain through STRATASYS, INC. Market research performed in January 2023 by utilizing searches of Computer, Hardware, Enterprise Software Solutions (CHESS),General Service Administration (GSA) Advantage and the Internet demonstrated that no other sources can provide the software maintenance. In addition STRATASYS has provided a letter stating that they are the only source for the Fortus brand.

There are no other authorized resellers or third party distributors (see attached letter dated 19 May 19). Currently, no action is being taken to remove or overcome competition barriers for the software maintenance or develop and adequate purchase description. In order to utilize software from another source, LEAD would have to replace the entire system. Any system used would require software maintenance from the purchased brand.

DOIM

PANRSA-23-P-0000-009305