Sole Source Justification.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

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

NSWCCD has a requirement for the refurbishment, validation testing, and shipment of six (6) Submerged Acoustic Navigation System (SANS) beacons for the South TOTO Acoustic Measurement Facility (STAFAC) facility.

MANUFACTURER: MIKEL, Inc.

ADDRESS: 2 Corporate Place, Suite 103, Middletown, RI 02842

PHONE: (401) 846-5820

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: Required HVAC units are intended to be newer models of the current HVAC systems that are no longer functioning and need replacement.

NSWCCD

Sole

Source/Brand

Name

Justification

SAT

rev

Effective

November

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☒ B. SOLE SOURCE (select all that apply) ☒ 1. Restrictive Rights: MIKEL, Inc. is the Original Equipment Manufacturer (OEM) of the Submerged Acoustic Navigation System (SANS) portable beacons used at the South TOTO Acoustic Measurement Facility (STAFAC). MIKEL has been selected to develop six new SANS GEN5 portable beacons, from currently Government-owned GEN4 beacons; which have improved electronics, LF/HF sources, reduced power consumption, and improved battery life. This new refurbishment effort would bring the previously procured GEN4 beacons in line with the newer generation at a reduced cost.

NSWCCD has confirmed there are no alternative vendors capable of doing this as a COTS service.

In order to accomplish its mission STAFAC must have these beacons in good working order and due to the knowledge that exists at MIKEL, no other vendor would be qualified to do this service.