NOTICE OF INTENT TO SOLE SOURCE APEX DATA SYSTEM (ADS) MAITENENANCE TO APEX TURBINE TECHNOLOGIES, INC.

The subject procurement is for a maintenance contract on APEX Data System (DS) serial number 10052 for calendar year 2020; the maintenance includes telephone support, access to APEX customer web-based assistance portal, and software updates. The 64 channel APEX Data System was purchased in 2015 under contract N00421-15-P-0618. The system is integrated into the Rotor Spin Facility (RSF) which is located within the Propulsion Systems Evaluation Facility (PSEF), Patuxent River, MD. The APEX system is used for high speed data acquisition, real-time monitoring, post-processing, and analysis of blade vibration data on rotating engine components. APEX Data system maintenance has been expired for a few years. This maintenance is needed to start data collection by December 1 2020 through December 1 2021. APEX Turbine Technologies, Inc. is the sole source provider of maintenance for APEX Data Systems for the following reasons: FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. FAR 6.302-1 (a)(2)(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 3304(b)(2).) FAR 6.302-1 (b)(2) “The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source” APEX Turbine Technologies, Inc. is the manufacturer and sole designer of this data system. A patent, copyright or proprietary data limits competition. APEX Turbine Technologies, Inc. owns the rights to their proprietary software and APEX Turbine Technologies, Inc. can only maintain this data system.