Sole source justification-redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 1 of 3

Effective February 2023

MEMORANDUM FOR FILE

FROM: Vance Haddock CODE: Code 653 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. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and 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.

3. 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.

4. 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) Phillips Corp – Federal Division will supply the Fabrication and Technical Support Division, Code 622, of the Naval Surface Warfare Center, Carderock Division (NSWCCD) spare parts kits for the OMAX JetMachining Center previously procured and currently in use.

MANUFACTURER: OMAX Corporation ADDRESS: 21409 72nd Avenue South

PHONE: +1 206-348-7887

POC: John Hartley

AUTHORIZED VENDOR: Phillips Federal Division ADDRESS: 7390 Coca Cola Drive Hanover, MD 21046

PHONE: (800) 878-4747

POC: FederalLifeCycle@phillipscorp.com

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: $84,559.00

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

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 2 of 3

OMAX, the OEM (original equipment manufacturer), utilizes Phillips Corp – Federal Division as the exclusive distributor and technical representative for federal government accounts. No other distributor or agent is authorized to represent the OEM in the federal government space. OMAX has provided a letter of exclusivity stating Phillips Corp – Federal Division is the sole distributer of their equipment and parts.

☐ 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)

☐ 1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, ☒ 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 Corp – Federal Division is the only authorized distributor and technical representative for OMAX. A letter of exclusivity has been provided by OMA

☒ 3. Other Reasons:

Phillips Corp – Federal Division utilizes only OEM factory parts. All parts supplied by the vendor are shipped directly from the OEM factory. No aftermarket substitutions are allowed in order to comply with the strict design requirements of the machines. All parts provided by vendor are fully warranted by the OEM..

☐ C. LIMITED SOURCE (FAR 8.405-6):

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, NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 3 of 3

☐ 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

☐ 3. Other Reasons:

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.

Dodik Tahmasian/C623 Branch Head / 301-227-0098 7/18/2024

Customer/Requestor Signature Name / Title / Phone Date

Robert Pellegrini / C62 Deputy Div. Hd.

301-227-1505

7/18/2024

First Line Supervisor Signature Name / Title / Phone Date

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).

Contracting Officer Signature Name / Title / Phone Date