SSJ_Redacted.pdf

U.S. Department of Navy Naval Research Laboratory Small Purchase Branch

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD – (exceeding $10,000 $250,000)

Purchase Request No.

Estimated Cost (including options, if any)

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).

As required by FAR 13.106 3(b)(3)(i), this justification 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.

DESCRIPTION OF ITEM OR SERVICE: (Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.)

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).

1301025406

Description: The purpose of this acquisition is for a service contract (maintenance and repair) for the Jeol Scanning Electron Microscope located in the NRL Nanoscience Institutes, Device Fabrication Facility. The Jeol Scanning Electron Microscope is a sophisticated device that incorporates proprietary technology developed by Jeol USA, Inc. NRL requires this service contract to ensure there is no interruption in conducting vital research.

Required Source: Jeol USA, Inc. (CAGE 51043)

Period of Performance: 22 February 2022 - 21 February 2023

Jeol USA is the only contractor authorized and capable of providing the necessary maintenance support services for the Jeol Scanning Electron Microscope because the equipment is proprietary. Jeol USA is the only source for factory trained and certified technicians to maintain and service the equipment. The equipment covered by the service contract is continually used for NRL research purposes.

Non-functioning equipment, inappropriately calibrated equipment, or equipment with incorrect parts, or other unsupported service provided by a non-authorized vendor would void data standardization and cause irreparably damage to NRL research data. Furthermore, use of any other contractor for maintenance would void equipment warranties and jeopardize system integrity and functionality.