PR 1301091475 Sole Source Justification_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

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) The Navy has a requirement to monitor the levels of contamination on tools at Navy sites. Tool contamination monitors (CRONOS-11) systems are extremely sensitive instruments used to detect gamma radiation on articles such as waste bags, tools, and hard hats.

This is a service and supply contract to purchase two on-site maintenance visits (preventative and repair) and two spare part kits for CRONOS-11 systems on the USS FRANK CABLE and the USS EMORY S LAND. This purchase is required to increase the longevity in the use of the systems by the Navy nuclear program for years.

MANUFACTURER: Mirion Technologies (Canberra), Inc.

ADDRESS: 800 Research Parkway, Meriden, CT 06450

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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 Effective February 2023

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.

CRONOS-11 maintenance services and spare part kits are only available from the OEM, Mirion Technologies (Canberra), Inc. due to all technical aspects of the system, including software, detector functionality, and electronic hardware) being proprietary to the OEM. The OEM is the only company that supports the CRONOS-11 systems. Due to the technical aspects of the system being proprietary to the OEM, another company would not be able to satisfy the Government’s requirement for maintenance services and spare part kits.

A recent internet search found no other companies which could meet the Government’s requirement for maintenance services and spare part kits for CRONOS-11 systems.

Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

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.

Manufacturer (OEM).