Sole Source Justification _Briquetter_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 2 Template Effective February 2022

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

As part of the Technology Identification and Assessment Process (TIAP), market research was conducted yielding a number of briquetter vendors. When contacted, some companies indicated that they did not think their product would be able to process the US Navy waste stream. For those systems found through market research and that have been tested, the RUF Lignum Classic has outperformed the other units. As discussed below, there are no other sources besides the RUF Lignum Classic that can provide this required servicing without substantial duplication of costs not likely to be recovered by competition.

A. BRAND NAME:

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from the brand source, and why another company could not satisfy the Government’s need.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document.

3. Other Reasons: Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need. Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

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.

The OEM is RUF US Inc. RUF only sells direct and does not work with dealers/resellers.

3. Other Reasons:

The Act to Prevent Pollution from Ships (APPS), as amended in Fiscal Year (FY) 12, sets MARPOL discharge limitations in U.S. law. New US Navy ship acquisition designs will be required to meet these new restrictions. A