sole source.docx

MEMORANDUM FOR FILE

SUBJECT: Non-Competitive Procurement Justification Memo for Actions Under 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. 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 manufacturer/sole source name and address.)

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).

· 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.

· 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.

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

The CCD Certificate Program is an exclusive, proprietary program developed by eCornell that specifically equips Combatant Craft personnel with the leadership, conflict management, and innovation skills necessary to excel in mission-critical environments by using eCornell’s Custom Learning Portal (CLP). This program is proprietary and has been designed to meet the specific needs of our organization. Over forty (40) hours were spent working in partnership between NSWCCD and eCornell to create and finalize a custom curriculum based on the needs of NSWCCD.

Market analysis confirms that while other institutions may offer similar courses, the ability to replicate this tailored-made solution and custom certificate program is not available anywhere else. Cornell has curated a custom-designed curriculum of core and elective courses, which employees can further tailor to their individual career goals. A certificate of completion will be awarded to all participants who successfully finish the program.

· 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.