Brand Name Justification signed by KO_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:

CODE:

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)

NSWC CCD has been tasked to create a prototype barge. The boats requires engines to work with autonomy.

The estimated value of the Mercury Outboard Engines is

MANUFACTURER: Mercury Marine W6250 Pioneer Road

P.O. Box 1939

Fond du Lac, WI 54936-1939

920-929-5040

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

Extensive market research was conducted and it was found that Mercury is the primary manufacturer of the Mercury

Outboard Engines. The engines are available from distributors worldwide.

☒ A. BRAND NAME: Item required must be a brand name product, or feature of a product, particular to one manufacturer.

NSWC CCD is required to deliver a prototype to be sent overseas. Without the new engines, the craft will not be operational.

Therefore, these engines are required. This brand of engines are needed to support the integration the engineers need to do in order to make the barge autonomous.

☐ 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).

NSWCCD Sole Source/Brand Name Justification ≤ SAT rev 1 Effective September 2020

☐ 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.

☐ 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