Sole Source Justification_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: Code 808 TO: Code 02 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)

The Advanced Propulsor Management Office (APMO) in the Naval Architecture and Engineering Department of the Naval Surface Warfare Center, Carderock Division (NSWCCD) is responsible for managing the Research and Development (R&D), design, manufacturing, testing, and delivery of United States Navy submarine propulsors.

NSWCCD APMO requires a Preventative Maintenance (PM) Service and multi-axis CNC Alignment on its Haas VF-6/40TR. This Haas VF-6/40TR supports various APMO scale manufacturing efforts in support of various testing.

MANUFACTURER: Phillips Corporation, Federal Division ADDRESS: 7390 Coca Cola Drive, STE 200, Hanover, MD 21076

PHONE: 1-410-564-2900

POC: Tim McClanahan, Vice President

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

Explain below the market research that was conducted.

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.

Phillips Corporation, Federal Division, is the sole and exclusive distributor of Haas CNC machine tools and provider of any associated factory certified service (including maintenance) for the federal government. See Phillips’ Sole & Exclusive letter attached. Failure to use a Haas Certified technician to perform the maintenance service on the CNC router will void the manufacturer’s warranty against defects in material and workmanship. In addition, the warranty on repair parts is only effective if the repair is performed by a Haas Certified Technician.

Because Phillips is the only source of Haas Certified Technicians to perform maintenance and repairs for the federal government, it is the only company capable of providing the required CNC router maintenance.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM. 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.

Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part A, BRAND NAME, is applicable, and Part B, SOLE SOURCE, should be left blank).

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

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.

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).