07a .PR.NSWCCD Sole Source-Brand Name J...s w_SR comments_MJC signed 001- KO_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2020

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: Code 636 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) NSWC Code 636 Battery Certification and Integration Branch (BCI) seeks to procure a service contract capable of fire science testing for lithium batteries in both Carderock and Naval Research laboratory - Chesapeake Beach Detachment (NRL-CBD). The estimated value of this service contract is with a delivery date of NLT:

twelve (12) months from award.

MANUFACTURER: Jensen Hughes Inc.

ADDRESS: 6310 Commerce Drive, STE 817, Baltimore, MD 21227

PHONE: 443-313-9879

POC: Damian Stefanczyk

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

Code 636 has performed a market survey of available fire protection services in Baltimore-Washington metro area was conducted. Companies in the Washington metropolitan area which provide fire protection consulting services include Rhino Fire Protection Engineering, PLLC in Reston, Virginia, HK Fire Protection, Inc. in Rockville, Maryland, BFPE International in Hanover, Maryland, and Jensen Hughes, Inc. in Baltimore, Maryland. All of these companies, with the exception of Jensen Hughes, only provide consulting services for active fire protection extinguishment systems not actual testing analyze. These local companies have no experience with fire testing for the U.S Navy. Jensen Hughes is the only fire protection company specializing in fire research, consulting, development, and testing related to U.S. Navy applications. It is also the only company that is current operating NRL-CBD, one of the required test facilities.

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.

Navy contract N00173-20-D-2001 has Jensen Hughes as the only company able to provide operations for the facility Naval Research laboratory (NRL) Chesapeake Beach Detachment (CBD). This site is necessary for NSWC large fire tests and NSWC requires 20 tests to be executed at the NRL-CBD facility.

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.

N/A

3. Other Reasons:

Jensen Hughes, Inc. (JH) is a global fire protection company headquartered in Baltimore, MD. They are a single resource for all fire safety fire modeling, design, and testing. JH has shown that they are fully capable of conducting fire modeling and material hazard assessment for other NSWC contracts such as N00167-20-P-0295, N00167-20-P-0142, and N00167-20-P-0283, which includes fire-testing models for the use onboard surface ships. Jensen Hughes was awarded contract N00173-20-D-2001, which entails facility operations for the NRL- CBD facility. This site is necessary for large fire tests and NSWC requires 20 tests to be executed at the NRL- CBD facility.

JH has shown that they are fully capable of conducting fire modeling and lithium battery hazard assessment for the use onboard surface ships. JH has prior experience in research, fire testing, and modeling of lithium battery materials. Their technical staff has performed various small-scale fire tests of lithium battery material in accordance with ASTM E162, ASTM E662/E800, and ASTM E1354. Failure to perform this service compromises NSWC’s ability to expand their abusive test and evaluation testing which soon will expand to fire science.

Therefore, in accordance with FAR 6.302-1(b) (1) and (2), the circumstances of this contract action deem only one source reasonably available.

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).