Sole Source Justification under SAT_CPG SAP.pdf

COMFRC PG

ECF: B-01

1 OCT 2024

SOLE SOURCE JUSTIFICATION

Simplified Acquisition Form

This form is required by NMCARS Part 5213 for all contracts bbeloww SATT ($250k) whenever full and open compeƟƟon is restricted.

Part I – Procurement InformaƟon (Requiring AcƟvity Completes)

In accordance with FAR 13.106-1(b)(1)(i) ContracƟng Officers may solicit from only one source for purchases not exceeding SAT ($250,000, per FAR 2.1) if they determine the circumstances indicate only one source is reasonably available.

Note: FAR Part 6 does not apply to contracts awarded using the simplified acquisiƟon procedures of Part 13. However, see 13.501 for requirements pertaining to sole source acquisiƟons of commercial products or commercial services, under subpart 13.5. When following FAR Subpart 13.5, the NAVAIR J&A template must be used instead.

PIDD #: N68520--25--SIMACQ--HJ00000--0086

Total IGE Amount $ Delivery or PoP End Date:

Requirement DescripƟon:

The Materials Engineering Laboratory requires Original Equipment Manufacturer (OEM) services for both the Tescan Vega XMU and Tescan MIRA-3 GMU scanning electron microscopes. These services include rouƟne preventaƟve maintenance and a criƟcal hardware upgrade to the backscaƩer electron detector (BSED) on the Vega XMU system—from a manual to a motorized configuraƟon.

Both instruments are highly specialized and operate using Tescan’s proprietary soŌware and hardware architecture. The requested BSED upgrade involves integraƟon and calibraƟon within the system’s internal control soŌware, which is inaccessible to third-party vendors. Only Tescan USA, as the OEM, possesses the required technical knowledge, authorized access, and proprietary rights necessary to perform this work. UƟlizing an unauthorized vendor would risk system failure, void current or future service agreements, and potenƟally compromise data integrity during materials analysis.

To preserve system funcƟonality, maintain operaƟonal integrity, and comply with support and warranty condiƟons, these services must be provided exclusively by Tescan USA.

Part II – Sole Source RaƟonale (Requiring AcƟvity Completes)

Basiss forr RestricƟngg CompeƟƟon InstrucƟonss forr Use InstrucƟonss forr RaƟonale

Urgency If choosing this opƟon, an Urgency Statement must be included with the PID package. This basis is appropriate when the Government would be seriously injured unless the agency is permiƩed to limit the number of sources solicited. The serious consequences resulƟng from the rouƟne processing Ɵme of full compeƟƟon, may include but are not limited to disrupƟon to fleet schedule, work-stoppage, or exhausƟon of on-hand, mission criƟcal supplies or services.

Summarize the circumstances outlined in the Urgency Statement and explain how this parƟcular vendor is the only source who can meet the Government’s need in the required Ɵmeframe.

RestricƟve Data Rights Choose if the source has established proprietary/ownership rights, limited rights in

Explain what rights are restricted, why the restricƟve rights make the required item or service available from only one source, and why data, patent rights, copyrights or rights to soŌware data and documentaƟon.

another company could not saƟsfy the Government’s need.

Exclusive Licensing Agreements

Choose if the item or service is only available from the OEM, or there is only one authorized distributor or technical representaƟve holding a licensing agreement from the OEM.

Note: If there is more than one distributor / authorized technical representaƟve for an OEM part, then select Brand Name instead.

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

OR

IdenƟfy the distributor(s)/authorized technical representaƟve(s) for the item or service. Provide evidence of the exclusive licensing agreement as an aƩachment to this document; examples include an email or signed leƩer from OEM to licensee or Government which outlines the agreement.

Brand-Name Choose if only a brand-name product, or feature of a brand-name product can properly fulfill the requirement. Brand-name items are available from more than one source including authorized distributors, authorized technical representaƟves for the Original Equipment Manufacturers (OEM), or commercial suppliers. This basis is appropriate when the parƟcular brand name, product, or feature is essenƟal to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the parƟcular feature, do not meet, or cannot be modified to meet, the agency’s needs.

Describe how the brand-name product or feature is essenƟal to the Government’s requirement and explain why a brand-name or equal basis cannot meet the need (see FAR 11.104). Summarize how market research shows similar products could not meet the need as is or be modified to do so.

Where a single source is idenƟfied to provide a porƟon of a purchase because that porƟon of the purchase specifies a parƟcular brand-name item, the raƟonale must state that it only applies to the porƟon of the purchase requiring the brand-name item.

Brand-Name or Equal Choose if there are addiƟonal sources besides the brand-name item that could provide the most relevant physical, funcƟonal or performance characterisƟc(s). Consider any firm requirement for the product to be a relevant characterisƟc.

Describe how the brand-name item meets the Government’s requirement. Give a general descripƟon of the relevant characterisƟc(s) that an “equal to” item must meet to be acceptable for award.

8(a) Sole Source Direct Award

Choose if the requirement has been idenƟfied for a sole source to an 8(a) company following the alternaƟve procedures for direct award made under the Partnership Agreement (PA) between the SBA and DoD in accordance with 10 U.S.C.

3204(a)(5).

Provide a thorough explanaƟon why the vendor is the only 8(a) company capable of meeƟng the requirements or otherwise explain why compeƟƟon is not in the Government’s best interest.

Other Choose if none of the other opƟons apply to the requirement (e.g. Industrial MobilizaƟon, InternaƟonal Agreement).

Provide a thorough explanaƟon why compeƟƟon is not in the Government’s best interest.

RaƟonale for Selected Basis:

Tescan USA is the sole source capable of providing the required preventaƟve maintenance and system upgrade services for the Tescan Vega XMU and MIRA-3 GMU scanning electron microscopes currently operated by the Materials Engineering Laboratory.

Both instruments operate on proprietary Tescan soŌware and hardware plaƞorms that are not accessible or serviceable by third-party vendors.

The requested upgrade—transiƟoning the Vega XMU’s backscaƩer electron detector (BSED) from manual to motorized funcƟonality—requires OEM-level access to system firmware, calibraƟon protocols, and soŌware integraƟon. Tescan USA is the only enƟty with the technical experƟse, licensing rights, and factory-trained personnel to perform these tasks without compromising system performance or violaƟng soŌware usage agreements.

Allowing a third party to aƩempt such modificaƟons would pose a significant risk to the funcƟonality, calibraƟon accuracy, and data integrity of the instruments. It may also void exisƟng warranƟes or service support agreements, thereby increasing long-term maintenance costs and system downƟme.

Due to the proprietary nature of the equipment and the operaƟonal risks involved, Tescan USA is the only source capable of fulfilling this requirement in a manner that ensures system compaƟbility, performance reliability, and compliance with OEM specificaƟons.