A02_SOLE_SOURCE_Redacted.pdf

For All Actions At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

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Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Army Contracting Command – Aberdeen Proving Ground 11 Hap Arnold Boulevard

Tobyhanna, PA 18466-5100

2. Description of Action:

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Request Number ___W25G1V9175015I________________

(Purchase Order)_________________________ ☐ Blanket Purchase Agreement (BPA) Number _______________ ☐ Order/BPA# _______ against FSS Contract #______________ ☐ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ ☐ Order #_______ against a single award IDC Contract

☐ Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid

Funds: ☐ Operations & Maintenance, Army (OMA) ☒ AWCF ☐ Other Funds:

Name of Proposed Contractor(s) and Address:

MICROWAVE PHOTONIC SYSTEMS

1155 PHOENIXVILLE PIKE, UNIT 106

WEST CHESTER, PA 19380

Tel: 610-344-7676, 204

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies:

DOC# W25G1V9175015I

PN# 5203A3MTX:1A9M1 QTY 14EA MODULE, FIBER OPTIC TX

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Version – February 2017

DOC# W25G1V9175015K

PN# 5203A3MRX:1A9M1 QTY 14EA MODULE, FIBER OPTIC RX

Total Value: $ __ ________

4. Authority:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the Simplified Acquisition Threshold (SAT) $250,000.00, only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

☐ FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name ☐ FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable ☐ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☐ FAR 16.505(a)(4) Brand Name ☐ FAR 16.505(b)(2)(i)(A) Urgency ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

MICROWAVE PHOTONIC SYSTEMS, INC. (MPS) is the designer & manufacturer of these Fiber Optic Modules. The MPS brand name equipment is required for proper integration with other MPS equipment in the field. These modules need to conform to the MPS chassis design and the interfacing communication software between MPS chassis and modules is proprietary. Any attempt to recreate these modules would be costly and require a lengthy approval process.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☐ do not apply due to the

$250,000.00 threshold, ☒ apply and will be followed, or ☐ do not apply due to an exception at 5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

☐ Action is NOT a brand name restriction and is under $150K, no posting required ☐ Action is a brand name restriction, under $25K, no posting required ☐ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

☐Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f) ☐ FAR 8.405-6(b)(3)(iii)(A)

☐ FAR 8.405-6(b)(3)(iii)(B) ☐ FAR 8.405-6(b)(3)(iii)(C) ☐ FAR 16.505(a)(4)(iii(C)

7. Market Research:

Market Research included internet research of Vendor websites. Government technical experts concluded that only MPS, or their authorized distributors, are the only sources that can provide the modules required to upgrade the chassis.

8. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name:

Date: 6/25/2019 Title: Electronics Engineer Signature:

9. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon similar pricing of a power module found on GSA Advantage for (screen shot in file) and also previous history on contract 18P0844 for and .

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name:

Date:

Title:

Signature: