NSWCCD Sole Source-Brand Name Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2020

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE:

SUBJECT: Brand Name 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

NSWC CCD maintains 65PB1101 to support several customers during test and evaluation of boats and craft. The Hamilton Water Jet overhaul is required to maintain the craft in an operational condition to support various scheduled test and evaluation events during FY2022 and beyond.

NSWC CCD is scheduled to test vessels during development and prior to delivery. Without this testing, the vessels might not perform to standard and will be considered inoperable. Therefore, this overhaul is required.

The Hamilton Water Jets Model HM521 are over 11 years old and experiencing issues that impact operations. No other known Hamilton authorized provider is known that services the Virginia area.

MANUFACTURER: HAMILTON JET INC.

14680 NE North Woodinville Way Suite 100 Woodinville WA 98072 United States of America

Estimated cost of service and parts is

It is requested that the purchase and overhaul be made by July 15, 2022 so the craft will be available for the scheduled testing.

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.

NSWC CCD maintains 65PB1101. The boat is propelled with Hamilton waterjets. In order to keep the boat operational, an overhaul of these waterjets is required. Aftermarket parts are not reliable nor recommended for use. Additionally, given the complexities of the waterjets, the work needs to be performed by the OEM.

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).

Extensive market research was conducted and it was found that C. W. F. Hamilton & Company, Ltd is the manufacturer of the Hamilton Water Jets Model HM521. As the manufacturer and authorized distributor of this model troubleshooting times and repair procedures will be reduced, as well other manufacturer have the same form/fit/function.

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.

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:

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.

2/22/2022

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).