Brand Name Justification_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 611

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, market research similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the

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) The Naval Surface Warfare Center Carderock Division (NSWCCD) Code 611 requires a contract with options to purchase troubleshooting and repair, preventive maintenance, calibration services, and repair parts for their government-owned environmental chamber, Model 9141-1110, manufactured by Parameter Generation and Control (PGC), Inc. Base 15 August 2023.

MANUFACTURER: Parameter Generation and Control (PGC), Inc.

ADDRESS: PO Box 129, 1054 Old US 70 West, Black Mountain, NC 28711

PHONE: 800.438.5494

POC: Mary McEndarfer, (828) 669-8717 ext 1315, marymcendarfer@humiditycontrol.com

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: $16,500

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.

PGC Model 9141-1110 is currently inoperable and is in need of troubleshooting and preventive

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023 wer motor/housing, and -temperature measurement sensor.

The source for this purchase needs to be limited to the manufacturer of the brand name PGC Model 9141-1110, PGC, and service contractors factory trained by PGC to service PGC brand products. This on-site service visit must be performed by an OEM-trained service engineer because the Model 9141-1110 is a sensitive piece of laboratory equipment. Having someone other than PGC-authorized/trained representatives perform the repair, maintenance, and calibration could potentially damage the system. Any damage to the system would harm the integrity of the experiments that depend on the equipment and thus reduce capability to support mission requirements for research and development projects supporting SSN(X) and other program offices. As this machine is vital to the Navy mission, if it were damaged or rendered inoperable, NSWCCD would incur significant additional cost to repair or replace it.

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).

Reference attached Email, PGC Sales Mgr, 25 May 2023, PGC service is only available from them, PGC, or via factory trained contractors.

3. Other Reasons:

PGC Model 9141-1110 not be limited to brand name repair sources is that damage could occur to the system. Any damage to the system would harm the integrity of the experiments that depend on the equipment and thus reduce capability to support mission requirements for research and development projects supporting SSN(X) and other program offices. As this machine is vital to the Navy mission, if it were damaged or rendered inoperable, NSWCCD would incur significant additional cost to repair or replace it.

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.

3. Other Reasons:

C. LIMITED SOURCE (FAR 8.405-6):

Item required must be a brand name product, or feature of a product, particular to one manufacturer.