07a .PR.NSWCCD Sole Source-Brand Name Justification Under SAT rev 2_MN_Signed_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification ≤ SAT rev 1 Effective September 2020

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: Code 883

SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

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.

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.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide

(April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address)

NSWCCD Code 883 is requesting to purchase an Iver UUV simulator, which includes a software simulator that mimics an Iver vehicle, and a rugged console for operator use and testing of the simulator.

MANUFACTURER:

L3Harris OceanServer

275 Martine Street, Suite 301

Fall River, MA 02723 USA

The entire purchase will cost approximately The estimated delivery is 16 weeks after receipt of order, and the materials are needed prior to May 1, 2021. The suggested vendor, L3Harris OceanServer is the sole manufacturer of Iver systems.

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

The market survey was performed through the internet and revealed that there are no other manufacturers or competitors that produce Iver simulators.

☐ A. BRAND NAME:

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

☐ 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.

☐ 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment

Manufacturer (OEM).

☐ 3. Other Reasons:.

NSWCCD Sole Source/Brand Name Justification ≤ SAT rev 1 Effective September 2020

☒ B. SOLE 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.

An Iver simulator is needed to better align Code 883 capabilities with those of our collaborators in

UUVRON-1, who currently operate Iver vehicles. This simulator will enable enhanced collaboration with UUVRON as well as providing important training capabilities. The Iver family of systems is proprietary technology of L3Harris OceanServer, and is not manufactured or simulated by any other company. There are no competitors or alternatives that can provide a simulator of the same type.

Due to the above circumstances, an Iver system is specifically required to meet mission needs, and no other provider manufactures a compatible system. Therefore, in accordance with FAR 6.302-1(2)(i)(A), there is only a single responsible source that provides us with the required capabilities. No other provider can satisfy the requirement.

☐ 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.

☐ 3. Other Reasons:

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).