B03 Sole Source Justification - TS-4575FDM Upgrades_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: Code TO: Code 02 SUBJECT: Sole Source Justification for TS-4575/FDM Irradiators

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 (SAT).

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

The upgrade of the Navy’s TS-4575/FDM Gamma Irradiators was identified based on use by the staff at the three

(3) Navy RADIAC Calibration Laboratories (RCLs). The upgrades will allow a more efficient system to calibrate and maintain the Navy’s IM-276A/PDs – Battlefield Dosimeters. The hardware and service needed to upgrade the TS-4575/FDMs are to be provided by the Original Equipment Manufacturer (OEM), Hopewell Designs, Inc.

(HDI).

MANUFACTURER: Hopewell Designs, Inc.

ADDRESS: 5940 Gateway Drive, Alpharetta, Georgia 30004

PHONE: 770-667-5770

POC: Richard Warren, Richard.Warren@HopewellDesigns.com

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 OEM.

3. Other Reasons:

B. SOLE SOURCE

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. HDI possesses the proprietary rights of Irradiator Control software used to operate the TS-4575/FDM irradiator. This software will be upgraded and then uploaded to the TS-4575/FDM PCs.

2. Exclusive Licensing Agreements: The item or service is only available from the OEM, or there is only one authorized distributor or technical representative for the OEM. HDI owns the TS-4575/FDM irradiator design and drawings. HDI is the only manufacturer with the knowledge needed to safely install the TS-4575/FDM upgrades and ensure that the Irradiator Control software will operate as required.

3. Other Reasons: Because of the proprietary mechanisms held by HDI on the TS-4575/FDM, it is not possible for any other company to gain the same level of working knowledge of the system. Therefore, HDI is the only company that can provide these upgrades and installation services. Only one responsible source and no other services or components will satisfy agency requirements.

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.

2. Exclusive Licensing Agreements: The item or service is only available from 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.

1/21/2025 Date

1/21/2025 Date

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: 2025.02.24 14:01:22 -05'00'