SSJ-BNJ Awards 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: 101

SUBJECT: Sole 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) This requirement includes all awards used for the command including esteemed service awards, command annual awards, Magnificent 8 awards, Magnificent 8 medals, compass rose pins, and associated components of the awards.

MANUFACTURER: Spike’s Trophies Limited ADDRESS: 2701 Grant Ave Philadelphia, Pennsylvania 19114-1006, United States

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

Market research was conducted to review available companies that can provide awards. All companies surveyed required a new setup and establishment of the necessary artwork for awards and required the additional cost for the development of molds for medal stamping. These costs have already been established with Spike’s Trophies Limited previously for the same requirement. While there are other companies available to execute this work, it would come at a higher cost because of the setup, artwork, and mold fees associated with a new vendor.

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.

This requirement includes custom artwork created by Spike’s Trophies Unlimited for all of the command awards, Magnificent 8 awards, and Magnificent 8 medals. These molds were created by Spike’s for the NSWCCD site years ago and cannot be taken from the contractor. These molds were custom made and would have to be recreated by a different vendor, delaying production and requiring additional cost associated with the creation of new molds and artwork.

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: The molds generated for the medals and plaques cost the government each for design and manufacturing. The contractor holds the rights to the existing mold but to replace the mold would cost the government an additional expense. There are 8 molds currently, resulting in an additional cost of assuming a company could remanufacture the molds at the same cost as before.

Additionally, the cost of the medals and other awards are competitive in comparison to market research conducted. Lastly, due to the known/recurring needs for awards, it is more cost effective to incorporate the needs for the esteemed service awards, compass rose pins, medal cases, and medal ribbons into one contract action as opposed to soliciting multiple contracts or purchase card procurements for items of similar scope.

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).