Sole Source Justification DI40 Transfer KO signed-redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 1 of 3 Effective February 2023

MEMORANDUM FOR FILE

FROM: Colin Rook

CODE: 631

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 (include manufacture/sole source name and address)

This service contract includes the disassembly and packing of a DI40-MAC system for freight shipping from the

Naval Dosimetry Center (NDC) to NSWCCD. Once the system arrives at NSWCCD, the services also include unpacking, installation, and Site Acceptance Testing (SAT). Finally, the services include a DI40-MAC system upgrade to Windows 10. The DI40-MAC system is manufactured and maintained by Hopewell Designs, Inc.

MANUFACTURER: Hopewell Designs, Inc. (HDI

ADDRESS: 5940 Gateway Drive, Alpharetta, GA 30004

PHONE: (770) 667-5770

POC: Archie Patel

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: $53786.50

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.

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 2 of 3

☐ 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.

HDI is the sole manufacturer of the DI40-MAC system. Additionally, HDI field support engineers have proprietary knowledge and maintenance experience with the DI40-MAC system. Due to the proprietary design of the DI40-MAC system, HDI is considered the sole source provider for services such as packing, unpacking, installation, acceptance testing, and system upgrades.

☐ 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.

☐ 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:

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 3 of 3

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.

Colin Rook, Engineer, 301-227-7036 6/4/2024

Customer/Requestor Signature Name / Title / Phone Date

Stanley Mavrogianis, Branch Head, 301-

227-5684 6/4/2024

First Line Supervisor Signature Name / Title / Phone 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