B03.PR.NSWCCD Sole Source-Brand Name Justification Under SAT Battery Container Validation Testing MJC_Redacted.pdf

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

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

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. 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) NSWC Code 636 Battery Certification and Integration Branch (BCI) seeks to procure a service contract capable of Battery Container Validation Tetsing. The delivery date is NLT: twelve (12) months from award.

MANUFACTURER: Jensen Hughes, Inc.

ADDRESS: 3610 Commerce Drive, STE 817

PHONE: 443-313-9879

POC: Jerry Back

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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 Fire Risk & Alliance (FRA), Rockville, MD 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 and FRA, only provide consulting services for active fire protection extinguishment systems not actual testing analyze. However, Jensen Hughes is the only company that has conducted any specific experience with lithium battery containment test validation 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 and already performed the initial battery containment test method in contract N00167-22-P-0108. JH has shown that they are fully capable of conducting fire modeling and lithium battery hazard assessment for the use onboard surface ships. Jensen Hughes provided the service and developed the NAVSEA 05P5, “DRAFT TEST METHOD FOR BATTERY STORAGE LOCKERS”, which is the test method that this contract will perform validation testing to validation of battery storage containers.

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.

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. A previous contract provided the first phase for enclosure validation was N00167-22-P-0108, in which they provided NAVSEA 05P5 a “DRAFT TEST METHOD FOR BATTERY STORAGE LOCKERS”. The battery storage locker container validation testing is based on the test method for the validation of lithium battery enclosures portion on N00167-22-P-0108 and previous work Jensen Hughes performed on NAVSEA contract for electrical box fires in magazine. In addition, JH has shown that they are fully capable of conducting fire modeling and material hazard assessment for other Navy contracts such as N00173-15-D-2002, which included effort for development of the Navy Ships Technical Manual Chapter 555 Volume 1 &2.

Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. Other Reasons: Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source. Similar efforts were conducted for NAVSEA on contract where they electrical box fires in magazines were studied and on N00167-22-P-0108, where they developed the test method, which testing will validate and assess the safety functions.

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.

Manufacturer (OEM).

3. Other Reasons:

IV. CERTIFICATIONS & APPROVALS

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).