SSJ REDACTED.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

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

Code 618 is seeking a Y-Bridge Linear Motor Upgrade contract for the Cosine AM1 located in the NSWCCD Additive Manufacturing Lab. The machine is currently functional and this upgrade will help to prevent future downtime while improving overall performance of the system.

The cost of the upgrade, as quoted by a Cosine Additive representative, is $- with a delivery date of 1 May 2022

MANUFACTURER”

Cosine Additive, Inc.The 8181 West Hardy Rd Houston Texas 77022

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

Explain below the market research that was conducted.

☒ B. SOLE SOURCE:

☒ 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.

Cosine Additive is the sole manufacturer of this machine, and, due to proprietary data and patent rights, is the only entity allowed to provide maintenance services for this machine. Although other machine manufacturers authorize resellers to aid with sales in certain regions, ☒ 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.

NSWCCD

Sole

Source/Brand

Name

Justification

SAT

rev

Effective

September

Page of

Cosine Additive has no authorized resellers and is therefore the only entity licensed to provide these services.

☒ 3. Other Reasons:

Pursing this upgrade is financially advantageous to purchasing a new equivalently-equipped AM1 system from the manufacturer; at the time of writing cost of an equivalent system from Cosine Additive is $-.

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.