Redacted Justification Konrad Stern Drive.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: Code 81 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. 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) This contracting action is to secure purchase of a Konrad Marine 680B stern drive and required installation components onboard the logistics delivery watercraft platform for the NSWC Carderock Division Asymmetric Industrial Warfare Team’s (AIW).

MANUFACTURER: Konrad Marine ADDRESS: 1421 Hanley Road, Hudson, WI 54016 PHONE: 715-386-4203 ext. 321 POC: Fred Sparling

Estimated cost of materials:

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

Stern drives are normally used on recreational vessels, which are typically low displacement planing craft. There are limited stern drive manufacturers in the USA, with some other foreign manufacturers. Within these options, the only drive manufacturer that provided acceptable technical data on stern drives installed on heavy displacement, commercial/military vessels was Konrad Marine. Other drive manufacturers contacted would either not provide technical data for our proposed application or confirmed that their products were very inappropriate for the logistics delivery watercraft platform. In addition, the Konrad Marine stern drive enables the most flexible installation and best performance/maneuverability for this novel prototype watercraft.

A. BRAND NAME:

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.

The manufacturer, Konrad Marine, retains proprietary technical documentation and experience intrinsically linked to the design, development and application selection with respect to their products.

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

The 680B stern drive package is only available direct from OEM (Konrad Marine) and authorized distributors.

Konrad Marine has proprietary knowledge and key engineering data that is necessary to support custom application support engineering. Only technical experts with the knowledge and experience with this stern drive package can meet the custom application/pre-engineering support, provide technical support during the installation phase and during test and evaluation as required by the Government.

3. Other Reasons:

The Konrad Marine 680B stern drive is the only heavy duty stern drive identified that rivals the operational performance of traditional inboard, shaft-driven propulsion setups common in large, heavy displacement marine vessels. The robust 680B design features counter-rotating propellers of larger diameter than found on competitor designs, and this is a crucial performance feature required by the large displacement AIW prototype. Further, those traditional layouts (inboard engine/transmission with shaft-driven propeller configuration) do not feasibly align with the AIW contested logistics prototype concept. As such, the Konrad Marine stern drive is considered a critical enabler for the prototype design and development; failure to procure this drive will force significant design changes, likely reduced performance/capability and potential project termination while curtailing the opportunity for Navy, USMC and Army contested logistics communities to evaluate and experiment with this highly unique concept/prototype.

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.

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).

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.

Customer/Requestor Signature Name / Title / Phone Date

First Line Supervisor Signature Name / Title / Phone Date

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).

Contracting Officer Signature Name / Title / Phone Date