REDACTED Sole Source Justification.docx

MEMORANDUM FOR FILE

FROM:

CODE:

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 received a HAAS UMC 750 that was scheduled to go to DRMO. As a result there are parts that need to be replaced prior to the machine being capable of use. When any CNC machine is moved it must be leveled and recalibrated prior to use. With the machine having parts removed and/or missing they need to be purchased new and installed before leveling and calibrations can proceed.

MANUFACTURER: Phillips Corporation, Federal Division

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

Current and historical use of HAAS CNC Machines by the technicians in Code , allows for continued operations of programs in the shop.

· 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).

· 4. Other Reasons.

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

☒ 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.

Phillips Corporation, Federal Division, is the sole and exclusive distributor of Haas CNC machine tools and provider of any associated factory certified service (including maintenance) for the federal government. See Phillips’ Sole & Exclusive letter attached. Failure to use a Haas Certified technician to perform the maintenance service on the CNC milling machine will void the manufacturer’s warranty against defects in material and workmanship. In addition, the warranty on repair parts is only effective if the repair is performed by a Haas Certified Technician. Because Phillips is the only source of Haas Certified Technicians to perform maintenance and repairs for the federal government, it is the only company capable of providing the required CNC milling machine maintenance.

· 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.