B03 NSWCCD SSJ - MTS _Redacted.pdf

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

MEMORANDUM FOR FILE

FROM: Maximilian Kinsey CODE: Code 612 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)

The proposed contract requires annual maintenance and calibration services for MTS equipment in multiple laboratories maintained by the Materials Division, Code 61. The contractor will complete annual maintenance tasks, to include: displacement and load calibrations on MTS test frames, calibration of measurement extensometers, hydraulic pump fluid analysis, and hydraulic pump fluid filter replacement. In addition, the contractor shall complete repairs and upgrades of existing equipment, as well as procurement and installation of new equipment, under optional contract actions. The complete list of annual maintenance tasking and optional repair/upgrade tasking is detailed in Enclosure ‘MTS Service Package FY24 Tasking’.

MANUFACTURER: MTS Systems Corporation ADDRESS: 14000 Technology Drive, Eden Prairie, MN 55344-2290

PHONE: (330) 703-6490

POC: Randy Myers, Sales, randy.myers@mts.com

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.

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

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

C/612 currently operates a significant number of MTS test frames to conduct material testing for a variety of critical technical programs. Maintaining consistent operation of existing equipment and ensuring new equipment is capable of interfacing with existing hardware and software is a technical requirement to ensure continuity of laboratory operations.

As the original equipment manufacturer (OEM), MTS can guarantee correct system maintenance procedures and calibrations will be used on their equipment. Any existing equipment warranties currently in effect may be voided if non-OEM parts are utilized, and any services completed incorrectly by a third-party on MTS equipment may eliminate the ability for MTS to complete future repairs.

Multiple tasks for repair of existing and purchase of new equipment require OEM components for compatibility with existing MTS equipment. MTS policy does not allow third-party commercial vendors for MTS equipment.

OEM replacement parts and new equipment are only available for purchase directly through MTS. Additionally, a new controller system is required to operate existing MTS frames, and must run MTS software to interface with legacy MTS software code and test procedures. Per company representatives, MTS software is also not available for purchase from third parties.

3. Other Reasons:

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, Manufacturer (OEM).