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USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE:

SUBJECT: Sole Source Justification for Use of Other than Full & Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

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.

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.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE

Naval Surface Warfare Center Carderock Division (NSWCCD) Code intends to purchase a FLIR A6751 SLS. This imager will be used to support critical Navy requirements, and is designed to work with a lenses and other components currently in Code possession. The optical design, uniformity, and characterization of the imager must meet specific standards to make the quality measurements expected by our sponsors and to meet mission requirements. The estimated cost is $ .

MANUFACTURER: Teledyne FLIR ADDRESS: 9 Townsend West, Nashua, NH 03063, USA WEBSITE: www.teledyneflir.com POC: Mikala Shremshock EMAIL: mikala.shremshock@teledyneflir.com

PHONE: 304-839-8426

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

· A. BRAND NAME:

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

· 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).

NSWCCD

Sole

Source/Brand

Name

Justification

SAT

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Effective

September

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· 3. Other Reasons:

☒ B. SOLE 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.

It has been determined by the government, that Teledyne FLIR does not have any authorized resellers of this specific imager, due to proprietary patent rights and other internal information that cannot be distributed or provided to the commercial marketplace. Based on currently owned government equipment, and supporting materials, it is not in the best interest of the government to risk duplication of cost in considering any similar imagers or cameras. It is estimated that supporting the purchase of a new imager would cost upwards of $ million in government funding, which would be required to completely rework existing software and supporting equipment in which this imager will directly support and be compatible with. This is not a feasible duplication of cost, nor in the best interest of the government.

· 3. Other Reasons:

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.