Sole Source Memo (Urgent and Compelling) - Perrkin Elmer J. BrownKO.pdf

MEMORANDUM TO THE FILE

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using

FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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.*

* In the case of Brand Name - 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, such as due to brand-name restrictions. [FAR 13.106-1(b)(1)(i)] However, this Memo to File may also be used to document the Contracting Officer’s determination that brand name restrictions exist sufficient to preclude competition to the maximum extent practicable, but where competition is still sought amongst authorized distributors of the brand name item.

* In the case of Unusual or Compelling Urgency – 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 due to urgency. [FAR 13.106-1(b)(1)(i)] However, this

Memo to File may also be used to document the Contracting Officer’s determination that an

Unusual or Compelling Urgency exists sufficient to preclude competition to the maximum extent practicable (meeting the notice exception of FAR 5.202(a)(2)), but where quotes are still solicited (e.g., oral solicitation of quotes).

II. DESCRIPTION OF ITEM OR SERVICE:

The objective of this request is to purchase of a single PerkinElmer Gold Service Plan with 1 preventative maintenance (PM) service agreement for four (4) PerkinElmer Avio 500 ICP-OES and one (1) Nexion Model 2000 C ICP-MS instruments and accessories.

Intended use is to maintain cirticial insturmentation for C134. Period of performance for base year is October 31, 2024 to October 30, 2025.

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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

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.

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

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

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: 9/15/2024

2. Required delivery date/period of performance: 11/22/2024

3. Explanation of why delivery/commencement of services by the date mentioned above is required: We currently have a total of 4 ICP-OES and 1 ICP-MS instruments throughout the laboratory. While the technology for the 4 ICP-OES instruments are the same they are not interchangeable. The means that due to the work performed on these instruments and chemicals that are used for the different processes can only be used for that specific instrument. 2.

Our current laboratory ventilation conditions are declining and it is causing corrosion in the instruments, specifically the ICP-OES that is used to perform lead in paint analysis. We have an emergency TF-1 in place and are working on improving the conditions. Unfortunately, this means that this could cause the instrument to go down at any given moment. . The last contract was in place expired in September 2024. This will cause a work stoppage situation and it will be detrimental to the shipyard. Since January 2024 we have analyzed 1400 samples, of which 282 have be work stoppage samples (meaning sample analysis needs to begin upon receipt). The work is performed for projects in the shipyard as well as the naval base in Norfolk. If we have a contract in place with Perkin Elmer, we will have the immediate option of speaking with a trained technician on the phone to troubleshoot. If this doesn’t work the technician usually show up in a couple days (This technician is the one that comes and performs maintenance and repairs on the instrument so he is familiar with our instrument, analysts, and processes). Please keep in mind that this is just for the lead in paint process. Each of the other instruments that fall under this contract, also have a high sample volume associated with it.

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.

___________________ Jamika Brown/757-396-3207

Signature Name (Printed) / Phone #

__11/17/2024___ Date

B. Contracting Officer Certification/Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

Original Equipment Manufacturer (OEM) PerkinElmer matains all parts, knowledge, and technical comptency for maintaining its instrumenation. They do not offer training to 3rd party vendors.

Purchase of this particular service includes priority repair services (typically 3 business days from request to onsite) and direct (no 3rd party notification required) communication to technical and remote support which is unavailable if services purchased through 3rd party as well as a longer turnaround time, which was an issue with a previous contract. Additionally PerkinElmer includes discounts which the laboratory can take advantage of throughout the term of the service agreement. If the 3 day turnaround is not met the this could lead to a delay in schedule for the projects on the waterfront and may cause them to have to adjust their schedules.

X