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BRAND NAME/SOLE SOURCE JUSTIFICATION (FBO) SAT

LIMITED-SOURCES JUSTIFICATION (GSA) SAT

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

(ID/IQ TAKS ORDER/DELIVERY ORDER) SAT

1. Description of Supplies/Services.

Tormach 1300PL Plasma Table (Standard Package) Part Quantity

1300PL Plasma Table 1 1300PL Owners kit 1

Leveling Caster Kit, 1000kg 1 PathPilot Controller – Rev. C 1

Touch Screen Kit 1 Waterproof Mini-Keyboard 1

Waterproof Mouse 1 Jog Shuttle Controller 1

Controller Arm 1 PathPilot Controller VESA Mount 1 Powermax85 Hypertherm Plasma

Cutter

Hypertherm Essential Consumables for 85 Amp Torch

Tormach 1100MX CNC Mill (Premium Package) Part Quantity

1100MX mill 1 1100MX Machine Owner’s Kit 1

1100M / 1100MX Stand 1 Chip Tray – Required for 1100MX 1

1100MX Enclosure Kit 1 Automatic Oiler Kit (230V) for

1100M/1100MX

Lifting Bar Kit 1 Machine Way Oil (1 Gallon) 1

Flood Coolant Kit (1/8 HP) for 1100M/MX and 770M/MX

QualiChem XTREME CUT 251C 1 Portable Refractometer – Coolant

Tester

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1100M/M+/MX PathPilot Operator Console

Waterproof Mouse 1 Waterproof Mini-Keyboard 1

12-Pocket Automatic Tool Changer for the 1100MX (BT30)

8in. Tilting Motorized Rotary Table 1 4th Axis Driver and Installation Kit

(M/MX)

Passive Probe Kit (BT30) 1 Replacement Probe Tip 1 Electronic Tool Setter 1 Dial Test Indicator Kit 1

Basic 3 Piece Indicator Set 1 RapidTurn Deluxe Package 1

End Mill Kit for Aluminum #1 1 1/16in -1/2in Machine Length Drill Set 1

End Mill Kit for Steel #1 1 BT30 Operator’s Kit (Inch) 1

5in (127mm) CNC Vise 1 Clamp Kit for 5/8in T-Slot (58 Pcs) 1

5in (127mm) Parallel Set 1 Standard 5in Steel Step Jaw Set 1

Standard 5in Aluminum Soft Jaw Set 1 Multi-V 5in Jaw Set 1

Work Stop 1 1-2-3 Block Set 1

Pull Stud, BT30 45-Degree 1 BT30 Tool Holder, End Mill 1/2in, 50mm

BT30 Tool Holder, ER32, 60mm Gage length

ER32 Collet Set (6 Pcs) 1 ER32 Collet Set (12 Pcs) 1

BT30 Tool Holder, Drill Chuck 8mm, 80mm

BT30 Tool Holder, Face Mill Arbor 1/2in, 35mm

Face Mill 38mm 1

The requested supplies services represent the minimum requirements of the government, which have been verified by the certifying technical and requirements personnel.

2. Regulatory Authority Permitting Other Than Full and Open Competition.

FBO

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FAR 13.106-1(b)(i) Soliciting from a single source

FAR 13.106-1(b)(ii) Particular brand-name item

GSA

FAR 8.405-6(a)(i)(1)(A) An urgent and compelling need exists

FAR 8.405-6(a)(i)(1)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized

FAR 8.405-6(a)(i)(1)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures (the original order or BPA must not have been previously issued under sole-source or limited-sources procedures).

FAR 8.405-6 (b) Items peculiar to one manufacturer (brand-name item) ID/IQ Task Order/Delivery Order (e.g. NASA SEWP or ARMY CHESS)

FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized

FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [When utilizing this exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).]

FAR 16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

3. Rationale Justifying Use of Cited Regulatory Authority.

a.) The Items Described in Paragraph 1 Must Be Compatible In All Aspects

(Form, Fit And Function) With Existing Systems Presently Installed.

b.) A Patent, Copyright, or Proprietary Data Limits Competition.

4 | 7 c.) The Items Described in Paragraph 1 are “Direct Replacements”

Parts/Components for Existing Equipment.

d.) Foreign Military Sales (FMS) Supported By A Case Letter.

e.) Unusual and Compelling Urgency.

f.) Other: If required, discuss any other rationale that supports the use of a brand name/sole source for this effort.

4. Implication of Procuring another Brand/Manufacturer.

a.) Unacceptable Delays in Fulfilling the Agency’s Requirements.

b.) Substantial Duplication Of Cost To The Government That Is Not Expected

To Be Recovered Through Competition.

c.) Other: If required, discuss any other implication of procuring another brand/manufacturer.

5. Actions to Remove Barriers to Competition.

The Tormach 1100MX and 1300PL are small form factor machines that will integrate into current and future workspaces while maintaining a small footprint of space. Additionally Tormach CNC machines and PathPilot software are currently in use by ESED personnel. Purchase of any other brand would cause increased costs in man-hours for re-training of personnel in use of software and hardware in addition to lost man hours on project delays in learning use of new software and hardware.

Procuring another brand will not meet the requirements of size, form, fit, and function needed to produce rapid prototype parts for ESEDs customers. Use of another brand would require retraining of ESED personnel for use on new machines the costs for classroom training alone for 10 personnel is estimated to cost $7,500 (based on HAAS CNC Training costs). The cost of $7,500 dollars does not take into account travel costs, lodging, meals, in addition to the man hours lost on project delays while personnel are receiving or waiting on training classes.

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CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data/documentation, are complete and accurate to the best of my knowledge and belief.

CUSTOMER:

Dan Mulvain, ARP, RS41 760-936-7043 05/26/22

Name, Title, Code Phone No. Date

APPROVALS

I certify that the Customer representations above have been verified, and are complete and correct to the best of my knowledge. I understand that the processing of this brand name/sole-source justification precludes the use of full and open competition.

CONTRACT ADMINISTRATOR/SPECIALIST:

Name, Title, Code Phone No. Date

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a brand name/sole source is in the best interest of the government.

CONTRACTING OFFICER:

Name, Title, Code Phone No. Date

NAVAL SURFACE WARFARE CENTER, CORONA DIVISION

CONTRACTS DEPARTMENT

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BRAND NAME/SOLE SOU SAT

LIMITED-SOURCES JUSTIFICATION SAT

INSTRUCTIONS

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

(ID/IQ TAKS ORDER/DELIVERY ORDER) SAT

Select the appropriate header above. If the item will be procured through FBO (a.k.a. Open Market) select “Brand Name/Sole Source”. If the item will be procured through GSA select “Limited Sources”. If the item will be procured through ID/IQ Task Order/Delivery Order (e.g.

NASA SEWP or ARMY CHESS) select “Justification for an Exception to Fair Opportunity”

1. Description of Supplies/Services.

Complete the table; add rows and columns as necessary to accurately reflect the requirement.

Make the appropriate checkbox selection (i.e. supplies or services)

2. Regulatory Authority Permitting Other Than Full and Open Competition.

Select the appropriate authority for restricting competition

3. Rationale Justifying Use of Cited Regulatory Authority.

Select the appropriate rationale and substantiate the rationale as required.

a.) The Items Described in Paragraph 1 Must Be Compatible In All Aspects

(Form, Fit And Function) With Existing Systems Presently Installed. Substantiate by providing the following information:

i. Describe the equipment you have now and how the new item/service must coordinate, connect, or interface with the existing system:

ii. Provide example(s) of how other brand(s)/manufacturer(s) cannot meet the Governments minimum requirement:

iii. Select the appropriate “Implication of Procuring another Brand/Manufacturer”, in paragraph 4, below. For instance, detail what the time/cost would be to implement a new system.

b.) A Patent, Copyright, or Proprietary Data Limits Competition. Substantiate by providing the following information:

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i. Brand/manufacturer product literature describing the patent, copyright, or proprietary data or by describing it in your own words, in detail:

ii. In either case (i.e. brand or manufacturer ) explain, in detail, why the uniqueness of the product is essential in order to fulfill the Governments minimum requirement:

iii. Provide examples of how other brand(s)/manufacturer(s) cannot meet the Governments minimum requirement:

iv. Select the appropriate “Implication of Procuring another

Brand/Manufacturer”, in paragraph 4, below. For instance, detail what the time/cost would be to implement a new system.

c.) The Items Described In Paragraph 1are “Direct Replacements”

Parts/Components for Existing Equipment. Substantiate by providing the following information:

i. Identify and briefly describe the existing equipment:

ii. Provide examples of how other brand(s)/manufacturer(s) cannot meet the Governments minimum requirement (e.g. if the item is the only authorized brand/manufacturer to be included in the existing system, state that and provide the authorization letter):

iii. Select the appropriate “Implication of Procuring another Brand/Manufacturer”, in paragraph 4, below (paragraph 4 is not required when supported by an authorization letter). For instance, detail what the time/cost would be to implement a new system.

d.) Foreign Military Sales (FMS) Supported By A Case Letter. Substantiate by

i. Case Letter (paragraph 4 is not required) e.) Unusual and Compelling Urgency. For guidance on the ONLY circumstances under which use of this authority may be appropriate, see DFARS PGI 206.302-2(b).

Substantiate by providing the following information:

i. The estimated cost, data or other rationale to demonstrate the extent and nature of the harm the Government would suffer or would have suffered, if the contracting

8 | 7 activity could not limit competition (when substantiating here, paragraph 4 is not required).

f.) Other: If required, discuss any other rationale that supports the use of a brand name/sole source for this effort.

4. Implication of Procuring another Brand/Manufacturer.

a.) Unacceptable Delays in Fulfilling the Agency’s Requirements. Substantiate by

i. An estimate of the length of the delay and an explanation of how the estimate was derived and why a delay of this length is unacceptable. Intent is to indicate if the time frame is prohibitive and would not support the program requirements. This rationale does not apply when there is a lack of advance planning by the requiring activity.

Example:

The Requiring Technical Activity (RTA) would need approximately 84 days to retest other DVRs and revise existing user manuals and system diagrams (See Table 1).

Prior to deployment, scoring support personnel must train and recertify which takes place over a 180 day timeframe. Retesting other DVR’s and personnel recertification would take 264 days (180+84). The current deployment is scheduled to commence 200 days from the date of this justification. Using a product other than the specified brand name would directly impact the ability to train personnel prior to deployment and does not facilitate program support requirements.

TABLE 1

EFFORT

MAN

HOURS

PERSONNEL DURATION

Revise existing user manuals 480 2@ 40HRS/WK 6 WEEKS

Revise existing system diagrams 480 2@ 40HRS/WK 6 WEEKS

Total Duration 12 WEEKS b.) Substantial Duplication Of Cost To The Government That Is Not Expected

To Be Recovered Through Competition. Substantiate by providing the following information:

i. An estimate of the cost to the Government that would be duplicated and an explanation of how the estimate was derived. The estimated cost can be based on the initial set-up costs, past actuals or estimates. The intent is not a detailed analysis but a track-able basis for drawing the conclusion that the estimated cost is so high that it will not be recouped through competition.

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Example:

Using a product other than the specified brand name would cost the government a total of $151,200 due to required WISS software rewrites. These additional costs are based on the need to develop new interface specifications (nonproprietary) for recording, redevelop scoring algorithm, develop device driver, interface driver with algorithm and scoring software, and testing the software before fielding. These costs would not be recovered through competition (See Table 1).

TABLE 1

EFFORT HOURS

LABOR

RATE

COST

Develop new interface specifications (nonproprietary) for recorder

480 $90 $43,200

Redevelop scoring algorithm 480 $90 $43,200

Develop device driver 80 $90 $7,200 Interface driver w/ algorithm and scoring software

320 $90 $28,800

Test software before fielding 320 $90 $28,800

Total Cost $151,200 c.) Other: If required, discuss any other implication of procuring another brand/manufacturer.

5. Actions to Remove Barriers to Competition.

Discuss any actions the activity plans to take to change conditions that preclude the use of full and open competition for acquiring the same or similar supplies or services in the future.

OR

If there is currently no reasonable likelihood of future competition, use the following or similar language:

“For the reasons set forth in Paragraph XYZ (choose from above), NSWCCO has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWCCO will assess whether competition for future requirements is feasible.”

CERTIFICATION/APPROVALS

Fill-in the applicable information and sign as appropriate.