sole source justification.docx

MEMORANDUM FOR FILE

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 manufacture/sole source name and address.)

Code 75 is seeking the services of Dynapower LLC for system configuration of newly installed Dynapower high power generation equipment at the Norfolk Magnetic Silencing Facility. System configuration will include modification of proprietary software of programmable logic controllers and hardware components, on-site system support during overall system testing, and on-site system support during magnetic treatment event. The services are required to adjust manufacturer system defaults to site specific configurations in order for the power generation equipment to meet detailed Navy mission requirements. In addition, provide on-site subject matter experts during overall system testing to ensure the implemented configuration changes are producing the expected results.

MANUFACTURER: Dynapower LLC ADDRESS: 85 Meadowland Drive, South Burlington, VT 05403

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.

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

☒ 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.

Dynapower LLC has the proprietary rights to the system embedded control software and hardware that is required to be configured to the site-specific requirements.

· 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.

Dynapower LLC is the OEM of this power conversion unit. As such, they are the only contractor to have the electrical, mechanical and system engineering expertise to configure the proprietary software and hardware to the site-specific requirements.

· 3. Other Reasons.

· 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.