REDACTED Brand Name Justification.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

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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. 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 (include manufacture/sole source name and address) HARMSCO HC/170-1 Pleated Cartridge Filters. Pleated Polyester-Plus™ filter media. Thermally bonded end cap, center tube, and media. 1 Micron filter with 170 sq. ft. of media. Max flow rate of 150 GPM. 7.75inch diameter by 30.75 inch length.

MANUFACTURER: Harmsco Inc.

PHONE: (800) 327-3248

POC: Joel Holzberg, ext. 6122

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.

The HARMSCO HC/170-1 Pleated Cartridge Filters with Polyester-Plus™ filter media are used in a filter system that cleans and purifies the water in the High Speed Basin for the upcoming International Sub Races. These races require a high cleanliness and clarity to the water that these filters can provide. No other cartridge filters on the market can meet the filtering need that the HARMSCO’s Polyester-Plus™ filter media can provide. In addition, filters in that size, length and diameter for the 1 micron rating, are not common, limiting available alternative options.

☐ 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.

HARMSCO has proprietary rights over the filter media used in these filters. These filters are currently used in a filter system that cleans and purifies the water in the High Speed Basin. Several years ago, the Branch acquired filters that did not have this filter media and had extreme difficulty cleaning the basin. The filters would “pop” out of the sleeve after only a few minutes of running (in the system that would indicate that they were dirty and needed to be replaced) and the Branch went through most of the filters before even getting partway up the basin. In addition, the stretch of the basin that the Branch was able to get to had not been adequately cleaned. While the Branch does not know exactly what the filter media is composed of, the Branch has found that this filter media is the only filter media to be able to adequately clean the entire basin.

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

☐ 3. Other Reasons: If unable to procure the HARMSCO HC/170-1 Pleated Cartridge Filters with Polyester-Plus™ filter media NSWCCD may not be able to clean the water to the standard needed to host the International Sub Races, a major event that occurs every two years.

☐ 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.

Enclosure (3) 47

NSWCCD Sole Source/Brand Name Justification ≤ SAT rev 1 Effective September 2020 Page 2 of 2