NSWCCD Evident Brand Name Justification_Redacted.pdf

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

FROM:

CODE:

TO:

SUBJECT:

MEMORANDUM FOR FILE

Code 611 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-l(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.

DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address) The OmniScan X3 flaw detector is a complete phased array toolbox. Powerful tools, including total focusing method (TFM) imaging and advanced visualization capabilities. Delivery date NLT 09/30/2024

MANUFACTURER: Evident Scientific INC.

ADDRESS: 48 Woerd Ave., Waltham MA, 02453

PHONE: (484) 432-4071

POC: Brad Bornstein

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

II. 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.

Evident OmniScan X3 64 is required as Brand Name purchase because the specific make and model of equipment is required for compatibility with existing Navy nondestructive evaluation infrastructure, procedures, processes, software and specifications. Evident OmniScan systems are used for specific Navy fleet inspections that use tailored procedures. Carderock must acquire the Evident Omniscan X3 hardware and software to perform those procedures and share compatible data with legacy Carderock equipment, as well as provide compatible data and inspections with shipyards and fleet maintenance requirements.

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 is brand name mandatory to Evident Scientific due to proprietary equipment and software that is compatible with existing equipment.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

3. Other Reasons:

Use of hardware and software other than the brand name OmniScan X3 from Evident Scientific would prevent Carderock from providing adequate support to our shipyards and maintenance centers, require extensive rework of procedures and processes, and result in unacceptable delays to Navy ship maintenance and deployment schedules.

B. SOLE SOURCE (select all that apply)

D 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), 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:

III. CERTIFICATIONS & APPROVALS