Sole Source justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 2 Effective November 2021

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 742

SUBJECT: Sole Source/Brand Name Justification / Limited 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 (include manufacture/sole source name and address) American Systems is the sole manufacturer for Permanent Motion Measurement Systems (PMMS). PMMS units are designed to interact with the network on board DDG and LPD class ships. They are designed to gather the save it, and transmit it via a UHF Line of Sight antenna aboard the ship. This data is necessary in order to perform Radar Cross Section (RCS) tests of both new construction and in service ships. We are looking to procure three units to go aboard DDGs 132-134. Units remain on board the ship permanently for the life of the ship.

MANUFACTURER: American Systems ADDRESS: 243 Vergason Ave.

Norwich, CT 06360

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

American Systems is the sole manufacturer of the PMMS units. They are also available to provide technical support.

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.

Explain what rights are restricted, why the restrictive rights make the required item or service available from the brand

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:

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

Describe how market cannot be modified to meet, the a

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: PMMS Units are required for the testing of DDG and LPD class ships. They are needed to provide motion measurement and telemetry data needed for Radar Cross Section and Passive Countermeasure Systems tests. American Systems (previously DDL Omni) have been the sole manufacturers for both generations of PMMS units. They have past knowledge of our systems as well as common problems that appear in the lifespan of our units.

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.