REDACTED Sole Source Justification.docx

MEMORANDUM FOR FILE

FROM:

CODE:

TO:

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) – Near Background Survey Meter Spare Parts

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) The Navy will use the AN/PDR-82 Near Background Survey Meter to monitor background radiation levels on Navy ships and facilities for occupational safety purposes. This acquisition is to procure spare parts to support fielding of the AN/PDR-82 to the Navy. The spare parts include the following items:

Material is required by 2025 January 31.

MANUFACTURER: Ludlum Measurements, Inc. ADDRESS: 501 Oak Street, Sweetwater, Texas 79556 PHONE: 325-235-5494 POC: Mike Rook, mrook@ludlums.com, 203-927-7503

Estimated total price: $ NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective November 2023

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.

· 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. 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.

Fifty-six AN/PDR-82 Near Background Survey Meters (Model 3194), including data deliverables and applicable meetings, were purchased under contract N00167-22-C-0005, worth a total of $ .

To award the acquisition of spare parts to any other source would require a replacement of the Navy’s current AN/PDR-82’s due to another source’s parts not being compatible with the AN/PDR-82’s purchased under N000167-22-C-0005.

This acquisition of spare parts for the AN/PDR-82 must be sole sourced from the same manufacturer that manufactured the AN/PDR-82 due to all technical aspects of the AN/PDR-82 being proprietary to the OEM, Ludlum Measurements. Ludlum Measurements is the only company that supports the AN/PDR-82 and associated spare parts. Due to proprietary rights, it is not possible for any other manufacturer to possess the capability to produce spare parts that are compatible with the AN/PDR-82.

Therefore, in accordance with FAR 6.302-1(a)(2)(ii)(A), use of any other source would result in, “substantial duplication of cost to the Government that is not expected to be recovered through competition.”

· 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:

· 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).

· 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.