PCO-Approved Sole Source Justifcation1_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM: Richard Gins

CODE: 612

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, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

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

Multiple pieces of Struers branded equipment in the laboratory have reached or exceeded their recommended service dates, and others have begun to show wear or require repairs. NSWCCD Code 612 requires services from Struers, Inc. for the on-site repair and preventative maintenance (PM) of equipment. In addition, our Struers small metallurgical saw is having functionality issues, and plan to replace it due to its age (over 20 years old). It is critical to maintain the capability to section samples in a timely manner to support ongoing metallography needs and to complete mission critical work in a timely manner. Period of performance through FY29.

MANUFACTURER: Struers LLC ADDRESS: 24766 Detroit Rd. Westlake, Cleveland, OH 44145

PHONE: (724) 371-0814

POC: Claude Henry, claude.henry@struers.com

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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.

Only field service technicians employed by Struers possess this unique skill set and access to proprietary drawings and repair manuals to maintain and repair Struers equipment.

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.

A Struers representative communicated that there are no authorized companies to provide service and repair of Struers equipment. Only field service technicians employed by Struers possess this unique skill set and access to proprietary drawings and repair manuals to maintain and repair Struers equipment.

Email provided from vendor.

3. Other Reasons: Struers also maintains replacement parts as part of their service offerings for up to 10 years for older and discontinued equipment, which means that parts availability in the wider marketplace may be nonexistent. Furthermore, there are no authorized companies to perform preventative maintenance and repair of Struers equipment. Additional information can be found at https://www.struers.com/en/Technical- Service/Service-Engineers.

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.

Contracting Officer Signature Name / Title / Phone Date

MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Digitally signed by MCDONALD-JOHNSON.SYDNEY.MELVINA.1408165845 Date: 2024.05.01 09:50:42 -04'00'