Solesourcesan.pdf

Document Number: N3904021RC10194

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.

II. DESCRIPTION OF ITEM OR SERVICE:

This acquisition is required to ensure that critical emergency response equipment is maintained in a state of readiness. Specifically, the Consolidated Emergency Control Center (CECC)’s Activu Video Processing Solution (video wall)O requires routine maintenance and updating to ensure it remains fully functional. Activu provides support to provide the maintenance of the video wall and associated equipment. The estimated cost for the contract is (4 years)

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X__ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X__ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

The Activu Solution utilizes proprietary software running on non-proprietary hardware that is integrated into existing LAN/WAN network environments. Activu is the ONLY company who can supply certified technical personnel to service the Activu Display Wall (and associated equipment) in conjunction with maintaining/upgrading the software to ensure that the display solution remains fully integrated for operations. Activu does not provide service or parts through third party vendors, nor do they provide maintenance plans and priority service through an intermediary company.

2. _X__ 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).

The Activu Solution utilizes proprietary software running on non-proprietary hardware that is integrated into existing LAN/WAN network environments. Activu is the ONLY company who can supply certified technical personnel to service the Activu Display Wall (and associated equipment) in conjunction with maintaining/upgrading the software to ensure that the display solution remains fully integrated for operations. Activu does not provide service or parts through third party vendors, nor do they provide maintenance plans and priority service through an intermediary company.

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: 11/1/20

2. Required delivery date/period of performance: 1/25/21

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information:

The Activu Video Processing solution utilized within the CECC provides for an optimum display of data/information during a casualty and allows emergency responders, both within and exterior to the CECC< to have a common situational understanding upon which to act. Activu Corporation provides its solutions based on proprietary software that provides for large scale visualization and collaborative decision-making in command and control environments. The Activu Solution was specifically chosen by the Shipyard CECC design team because of the company’s experience with and understanding of military missions. This choice has subsequently been validated numerous times during routine operations and especially during response to a large scale fire that occurred onboard a Nuclear Powered Warship (NPW) undergoing overhaul at the Shipyard.

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.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Approval:

Signature Name (Printed) / Phone # Date