SSJ_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE:

TO: Code 02 SUBJECT: Sole Source Justification

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) wishes to procure a new Floor Model Instron 34FM-100, Triple Phase Power arrangement, with touch screen interface to be used for testing composites materials. An additional 2kN load cell from Instron’s 2580 series for use with this machine is also desired. Purchase of the machine includes the cost of setup, cost of ASTM validations, 12 hours of instruction on software usage and machine operation, a 1 year mechanical warranty, and 1 year of remote software support, and a 100kN load cell for use. The delivery date is 8/30/23 based on Instron’s estimate of a 12-14 week lead time.

Manufacturer: Instron Worldwide Headquarters

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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

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, 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.

Instron is the sole seller of Instron products and has no secondary vendors. As such to acquire an Instron 34FM-100 we’re requesting to purchase directly from Instron. Instron designs their machines to maintain backwards compatibility with previously purchased equipment. This allows us to reuse equipment for the current Instron 4206 machine with no additional refurbishment cost. Other competing brands are not compatible with the existing systems. The Instron 34FM-100 test machine also comes equipped with the computer interface required from the minimum specs.

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, 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).

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.

Digitally signed by

Digitally signed by

Date: 2023.05.02 08:08:30 -04'00'

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

Date: 2023.05.02 07:29:41 -04'00'

Engineer/ 5/2/2023

Customer/Requestor Signature Name / Title / Phone Date

5/2/2023