SAP Non-Competitive Procurement Justification Memo_Redacted.pdf
PDF 337 KB Posted
- Attached to
- Clemex preventative maintenance and calibration
- Solicitation number
- N0016726Q1033
About this file
This is a Non-Competitive Procurement Justification Memorandum for a Simplified Acquisition Threshold (SAT) action by Naval Surface Warfare Center, Carderock Division (NSWCCD).
The procurement is for service and calibration agreement support for a Clemex ID 5470 – MMT-X7 Dual Automated Microhardness Tester (System ID: 05470), with Clemex Technologies Inc. as the sole source manufacturer. The justification for sole-source procurement is based on restrictive rights and specialized requirements. The system is a tailor-made solution integrating Clemex's proprietary software, custom hardware, and unique machine-learning algorithms not available from other vendors. Only factory-trained and certified Clemex engineers have access to the necessary diagnostic software, proprietary service materials, and required updates to perform calibration and maintenance correctly. Use of any unauthorized service provider would void existing equipment warranty and current maintenance agreements. Additionally, only one source is capable of providing the required supplies or services at the necessary quality level because the supplies and services are unique and highly specialized. The requirement is not expected to exceed the simplified acquisition threshold. The justification was certified on 01/20/2026 by the customer/requestor and approved by the Contracting Officer on 01/30/2026.
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Text version
NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025
MEMORANDUM FOR FILE
FROM:
TO: Code 02
DATE:
SUBJECT: Non-Competitive Procurement Justification Memo for Actions Under 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 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer
3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), 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.
II. DESCRIPTION OF ITEM OR SERVICE (Include manufacture/sole source name and address.)
T v e rv e c b on g eeme he em x I 47 MM X7 Du Aut m te M e e ter (Sy tem I : 470)
Manufacturer: Clemex Technologies Inc.
III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION
A. BRAND NAME. The 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. Federal Supply Schedule (FSS) IAW FAR 8.405-6(b).
4. Other Reasons.
File details come from the government source that posted it. Updated .