Sole Source Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 2 Template Effective February 2022

MEMORANDUM FOR FILE

TO: Code 02 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 (include manufacture/sole source name and address) The Naval Surface Warfare Center, the proposed 5-year contract for an annual service visit for the calibration of a PerkinElmer Lambda 950 UV/Vis Spectrophotometer and a PerkinElmer Spectrum 100 FTIR owned and used by , NSWCCD, MANUFACTURER: PerkinElmer ADDRESS: 710 Bridgeport Ave. Shelton, Connecticut 06484-4794

PHONE: 1-800-762-4000

POC: Lam Ly

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

The technical code conducted market research by researching market catalogues, conducting internet searches, and contacting market experts. No other companies found to provide the required maintenance and service for PerkinElmer Lambda 950 UV/Vis Spectrophotometer and the Spectrum 100 FTIR. PerkinElmer currently does not authorize or certify private companies to perform maintenance on their devices.

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.

PerkinElmer is the sole proprietor and manufacturer of the PerkinElmer Lambda 950 UV/Vis Spectrophotometer and the Spectrum 100 FTIR. PerkinElmer has a long history of building spectral response equipment. The company retains the sole proprietary manufacture and maintenance knowledge on the systems. PerkinElmer currently does not authorize or certify private companies to perform maintenance on their devices.

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 2 Template Effective February 2022

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.

The company retains the sole proprietary manufacture and maintenance knowledge on the systems. PerkinElmer currently does not authorize or certify private companies to perform maintenance on their devices.

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.

/Scientist/

22 February 2023

Customer/Requestor Signature Name / Title / Phone Date

/Branch Head/

22 February 2023

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date