Sole Source Memo-C137 - Redacted Copy

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

II. 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 objective of this task is to have the vendor, Rohde & Schwarz (OEM), perform calibration/repair services for Code 137/950 Rohde & Schwarz Standards.

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

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

✔ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

A. ___

✔ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited 1.
___
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.
C137 is only allowed to operate if its quality systems and scope of work have been certified by a NAVSEA-04 audit team based on the standards set forth in NAVSEA 04-4734B (ANSI/NCSL Z540-1) as mandated by OPNAVINST 3960.16. NAVSEA 04-4734B, Section 14, mandates Code 137 laboratory shall ensure and be able to demonstrate the preferred manufacturer is competent to perform the activities in question and complies with the same criteria of competence as Code 137 laboratory with respect to the work being subcontracted and/or the equipment being purchased. This manufacturer has