B03 NSWCCD Sole Source-Brand Name Justification Under SAT_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

MEMORANDUM FOR FILE

FROM:

CODE: 663

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. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

3. 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.

4. 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) Customized scaffolding is required for the safety of personnel working on an ~38 foot tall test vehicle. The estimated value of the purchase order is $ Required delivery date is 5/1/2025.

MANUFACTURER: Universal Manufacturing Corporation ADDRESS: 550 West New Castle Street, Zelienople, PA 16063

PHONE: (724) 452-8300

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: $230,000

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:

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, Market research was conducted on compatibility/integrability of scaffolding components across different manufacturers, and it was discovered that scaffolding system design is unique and not interchangeable.

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

Custom scaffolding was designed and purchased from Universal Manufacturing Corp in 2012. New test location requirements on test vehicle requires additional scaffolding that is compatible with existing scaffolding on hand in order to fabricate easily configurable safe working platforms around the entire test vehicle. Awarding to another source would result in a substantial duplication of cost to the Government in re-procuring scaffolding parts that are on hand in order to ensure compatibility at an estimated cost of at least $75k to the COLUMBIA program.

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, 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.

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).

Contracting Officer Signature Name / Title / Phone Date

MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Digitally signed by MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Date: 2025.02.25 11:20:42 -05'00'