PR.A27 SAP Non-Competitive Procurement Justification Memo.APR2025 - Overhead Door - (REDACTED).pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM:

CODE: Code 633 TO: Code 02 DATE: July 1, 2025 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.)

Code 633 requires the purchase of a replacement high bay garage door system which is needed to improve temperature stability within the work area and maintain controlled access. Work will include adding an insulated high bay garage door, helical torsion spring counterbalance system, motorized open/close feature with redundant chain operation, and a 3' 'break plain' barrier curtain which will improve safety and performance.

MANUFACTURER: Overhead Door Corporation

ADDRESS:

PHONE:

POC:

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

Market research was performed on the internet by searching for other companies that manufacture and install comparable replacement high bay garage doors to the specifications desired.

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).

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

4. 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.

Overhead Door Corporation is the sole manufacturer of a replacement door that meets all necessary specifications. A key feature is the patented counterbalance technology, US Patent 11,536,067 B2, awarded Dec 27, 2022. This technology allows the replacement garage door to open at a monitored constant rate. The counterbalance will be helical torsion springs housed in a steel pipe with a deflection limited to 0.3” per foot of span (width) and adjustable by means of an external tension wheel. Due to the nature of the patented technology, which is not licensed to any other company, Overhead Door Corporation is the only company which can fulfill the needs of the request.

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.

4. Federal Supply Schedules (FSS): IAW FAR 8.405-6(a)(1)

a. An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

b. Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or

c. In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

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.

July 1, 2025

Customer/Requestor Signature Name / Title / Phone Date