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 requires the purchase NGD-9 A-side and B-side from Collins Aerospace in the following quantities as well as a DMTA Test Fee and climate controlled shipping: NGD-9 A-side: 1800 lbs (4 drums) and NGD-9 B-side: 882 lbs (2 drum). The material should be delivered and sorted in 55 gallon drums, and the material must pass the two-part material procurement spec defined in NAVSEA Drawing 690 6726599, Rev. A. 18 AUG 1995. The required delivery date is . The estimated cost is $

MANUFACTURER: Collins Aerospace ADDRESS: 6061 Goodrich Blvd Jacksonville, FL 32226 U.S.A

PHONE: 904-716-9949

POC: John Rafferty, john.rafferty@collins.com

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

· 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).

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· 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.

Collins Aerospace owns the intellectual property associated with the NGD-9 formulation specification and has no authorized resellers. Proprietary formulated materials are required to maintain construction schedules of various Research, Development, Test, and Evaluation (RDT&E) products (such as polymer molds/components, surface treatment components, etc.) Projects included the support of Navy SSNX Elastomer Variant Development. With the lapse of the material, a stop work situation would occur, preventing further work for Navy projects.

· 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.