B03 NSWCCD Sole Source-Brand Name Justification Final_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective November 2023

MEMORANDUM FOR FILE

FROM: Mark DiNezza CODE: Code 631 TO: Code 02 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) This contract outlines the packaging and installation of two Model 8800 readers to support the establishment of a new dosimeter processing laboratory in Australia. The Model 8800 Reader is manufactured and maintained by Thermo Fisher Scientific, Inc. The period of performance is no later than one year after contract award.

MANUFACTURER: Thermo Eberline, LLC (DBA Thermo Fisher Scientific, Inc.)

ADDRESS: 27 Forge Parkway, Franklin, MA 02038

PHONE: (203)605-2534

POC: James Monde

Estimated Total Price (including options if applicable):

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 Under SAT Rev 4 Template Effective November 2023

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.

Thermo Fisher Scientific, Inc. is the sole manufacturer of the Model 8800 reader. Additionally, Thermo Fisher Scientific, Inc. field support engineers have proprietary knowledge and maintenance experience with the Model 8800 reader. Due to the proprietary design of the Model 8800 reader, Thermo Fisher Scientific, Inc. is considered the sole source provider for services such as Model 8800 reader packaging and installation.

Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

C. LIMITED SOURCE (FAR 8.405-6):

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.

Manufacturer (OEM).

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.