Sole Source Justification.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO SUBJECT: Sole Source Justification for Use of Other than Full & Open Competition for an Acquisition under the Simplified Acquisition Threshold (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. 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 a Defender ROV submersible to include manipulator, navigation package, mounting kit for USBL, and mounting plate for Oculus sonar.

MANUFACTURER: VideoRay ADDRESS: 212 East High St Pottstown, Pennsylvania 19464 United States

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)

NSWCCD

Sole

Source/Brand

Name

Justification

SAT

rev

Effective

September

Page of

· 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. There are no authorized retailers or distributors for parts and service for the OEM VideoRay.

☒ 3. Other Reasons: Bangor Waterfront currently owns and operates a VideoRay Pro5 MSS ROV. An emergent need requires a larger ROV and our operators are only trained to pilot with the VideoRay interface. The sensors and material attachments from the Pro5 can be reutilized on the Defender.

A requirement of new training could result in a schedule delay which would directly impact fleet readiness.