Sole Source-Brand Name Justification_VIKING signed by KO_Redacted.pdf

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

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 8313

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

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.

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.

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)

Service required of the Contractor is to provide qualified personnel, to travel to the below-listed Navy Life Raft

Facilities (Shops) and conduct shop personnel training on servicing, packing, and re-certifying Navy inflatable life raft variants:

a. Norfolk Naval Shipyard (NNSY), Portsmouth, VA.

b. Southwest Regional Maintenance Center (SWRMC) San Diego, CA

c. Naval Ship Repair Facility, Yokosuka, Japan

The specific life raft variants for which training is required are as follows:

a. MK-8 (50-Person) Mod 1

b. MK-7 (25-Person) Mod 2

c. MK-8 (50-Person) Mod 2

MANUFACTURER: Viking Life-Saving Equipment (America), Inc.

ADDRESS:

11255 NW 106th Street, Suite 1

Medley FL 33178-1258

TELEPHONE:

POC:

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

Navy shop personnel at the facilities listed in Section II are required to attend an annual NSWCCD-sponsored life raft repair and certification training course, in order to maintain shop proficiency and certification - which is vital to the reliability of the specific life raft variants that are onboard Navy ships and carriers.

Market research conducted to locate available sources of supply for the required training determined that this service is available to the commercial market place; however the sole vendor found in the market place that can provide this service for the specific life raft variants, listed in Section II, is as provided below.

VENDOR CAGE CODE SMALL BUSINESS

Viking Life-Saving Equipment (America), Inc. 1KSQ5 ☐ YES ☒ NO

Viking Life-Saving Equipment (America), Inc. has been manufacturing its U.S Navy life raft variants – based on product designs specific to Viking Life-Saving Equipment (America), Inc. The Vendor is currently producing these products under an existing long-term contract (PRMM121DS101), managed by DLA-Maritime

Mechanicsburg. In addition, as the original equipment manufacturer (OEM) for the listed life raft variants, Viking Life-Saving Equipment (America), Inc. possesses an existing training program, including experienced trainers, for servicing and certifying its products. Therefore, in accordance with FAR 6.302-1(b)(1), the

Government’s minimum needs can only be satisfied by unique services/supplies available from only one source with unique capabilities.

☐ 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.

Viking Life-Saving Equipment (America), Inc. has specific knowledge relating to its equipment designs, test and data (including tolerances) performance; and the government’s requirements for training life raft shop employees to properly maintain and certify the Viking Life-Saving Equipment (America), Inc. equipment. Based on Market

Research, no other Vendor has access to Viking Life-Saving Equipment (America), Inc.’s restrictive proprietary rights for its specific Navy life raft variants. Viking Life-Saving Equipment (America), Inc. is the only contractor that can perform this service, for the specific life raft variants.

☒ 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.

As the OEM for the listed life raft variants, Viking Life-Saving Equipment (America), Inc. possesses an existing training program, including experienced trainers, for servicing and certifying its products.

Market research has revealed other companies that offer similar services; however, none other than Viking Life-

Saving Equipment (America), Inc. possesses exclusive licensing agreements and the necessary intellectual proprietary rights and associated confidential life raft technical data, in order to conduct the required training for the specific life raft variants.

☐ 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.

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).