SSJ_KO signed.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

MEMORANDUM FOR FILE

FROM: Ryan Mathsen

CODE: 105

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) Maintenance, service, and replacement parts for three Security Engineered Machinery (SEM) shredders at

NSWCCD.

MANUFACTURER: Security Engineered Machinery ADDRESS: 5 Walkup Drive, Westboro, MA 01581

PHONE: 703-615-9480

POC: Bob Glicker

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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

The equipment identified for this requirement is specialized industrial shredding equipment. Total replacement would be near $100,000 just for replacement, not including maintenance. It is more cost effective to continue to maintain the existing devices vs direct replacement. Market research was conducted to find vendors that are certified and authorized to perform the necessary services but there are no service providers in the geographical area besides the OEM. Equipment supplies can be purchased through GSA but that does not include the actual maintenance services.

☒ B. SOLE SOURCE (select all that apply)

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

All equipment must be maintained by OEM technicians and all supplies must be OEM replacement. The OEM is the only vendor capable of supplying the replacement equipment and materials. These shredders are highly specialized industrial pieces of equipment.

☐ 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.

The OEM is the only authorized service provider in the DC area. The OEM does have other vendors but none that are geographically available to the DC area.

☐ 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.

Customer/Requestor Signature Name / Title / Phone Date

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