A03 SSJ - Ross Repair FY23_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2021

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 7270

SUBJECT: Sole Source 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

Code 7220 requires the repair of one Ross Model DPM/DS-4 Mixer & Discharge System with delivery by 30 June 2023. The estimated cost of this repair service is $32,000.

MANUFACTURER: Charles Ross & Son Company ADDRESS: 710 Old Willets Path, P.O. Box 12308, Hauppauge New York 11788-4193

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

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 2021

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.

The Ross Model DPM/DS-4 SN-10471 mixer has been in constant almost daily use for several years and had shown signs of impending failures of various magnitudes. The mixer was sent to the Original Equipment Manufacturer (OEM) Charles Ross & Son Company for evaluation on PO: 4522192752. OEM has proprietary rights and is the sole source for service of the control unit of the equipment.

Market research was performed for alternative vendors of similar equipment. The vendors indicated they do not repair this type of mixer and could not provide a cost estimate for a repair service.

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).