NIST cites FAR 6.302-1(a)(2) (see excerpt below) as primary rationale for Sole Source Determination.
(2) Only one responsible source and no other type of supplies or services will satisfy agency requirements.
Sole Source determination is based on the following: The system was purchased from LDI. It is a proprietary system, both hardware and software. The service requires intimate knowledge of the hardware and software, with on-line live support for the operation of the system. LDI has developed and written the software that controls the system and no one else would have access or full understanding of the software. They also control the software licenses on the system. To our knowledge, no one else could provide this service. As a result, Laser Design Inc is uniquely qualified to satisfy the Government's minimum requirements.
Delivery shall be FOB Destination, Boulder, CO.
The North American Industry Classification System (NAICS) code for this acquisition is 541330 Engineering Services, and the size standard is $4.5M.
No solicitation package will be issued. This notice of intent is not a request for competitive quotations; however, interested persons may identify their interest and capability to respond to this requirement. The Government will consider responses received by the response date above. Inquiries will only be accepted via email to [email protected]. No telephone requests will be honored.
A determination by the Government not to compete the proposed acquisition based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement in the future.