N0016725Q1001 Sole Source Justification_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 8322

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. 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)

NSWCCD uses ABYC standards and contacts to remain current with building trends. Membership at the Diamond level to provide long-term stability and cost savings to engineers who function daily in the acquisition and engineering fields. These standards are also required when building specifications for repair package development and inspections. The ABYC membership allows access to the ABYC web-based database system and downloadable .pdf files of specific standards.

Estimated cost is per year for five (5), one (1) year memberships.

Prior year contract: N00167-20-P-0079

MANUFACTURER: ABYC

ADDRESS: 613 Third Street, Suite 10, Annapolis, MD 21403

PHONE: 03

POC:

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.

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.

A market survey was conducted which revealed that there are no other companies which offer access to the ABYC web-based system. A membership with ABYC is the only way to accomplish the goals of NSWCCD.