B03 NSWCCD Sole Source- 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: Shiona Pieratt

CODE: 631

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)

Naval Surface Warfare Center Carderock Division (NSWCCD) Radiation Detection Technology Branch (RDTB), through Naval Sea Systems Command (NAVSEA) 04ND, request to procure a 5-year service contract for three irradiators currently in their lab. This routine maintenance contract would include preventative maintenance, software updates, calibration, operational accuracy, and emergency maintenance on the X80 x-ray irradiator, the GC60 gamma irradiator, and the BC30 beta irradiator. The estimated cost of the materials and services is The period of performance through 9/25/2028.

MANUFACTURER: Hopewell Design, Inc.

ADDRESS: 5940 Gateway Drive, Alpharetta, GA. 30004

PHONE: 770-667-5770

POC: Archie Patel, Archie.Patel@HopewellDesigns.com, 770-667-5770

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

As stated in Section 6.5.2.4 of the Radiological Affairs Support Program Manual (NAVSEA S0420-AA- RAD-010 REVISION 2A): calibrators, interlocks, warning devices, and other safety related devices shall only be performed by personnel determined by the NSWCCD Radiation Safety Officer (RSO) Due to this policy, radiological repairs and preventative maintenance on irradiator systems must go through the OEM. The current irradiator systems that the RDTB is in possession of are the BC30 beta irradiator system, the GC60 gamma beam irradiator, and the X80 X-ray irradiator system. All three irradiator sys OEM is Hopewell Design, Inc. The statutory authority permitting other than full and open competition I 10 U.S.C. 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements (FAR 6.302-1).

If this preventative irradiator systems will not be properly maintained, which in turn will detract from the ability to perform accurate testing when using any of the irradiators.

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).

Contracting Officer Signature Name / Title / Phone Date