BN-SS Justification_Redacted.pdf

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BRAND NAME/SOLE SOURCE JUSTIFICATION (FBO) SAT

LIMITED-SOURCES JUSTIFICATION (GSA) SAT

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

(ID/IQ TAKS ORDER/DELIVERY ORDER) SAT

1. Description of Supplies/Services.

Naval Surface Warfare Center (NSWC), Corona Division, requires the award of a Sole Source Firm Fixed Price (FFP), contract to University of Notre Dame, Notre Dame, IN for laboratory-based research support to:

Identify potentially hazardous chemical interferents in 3MTM Company solvent NovecTM

71DE.

Determine if these chemicals are likely to contaminate Navy test instruments with residues.

Help the Navy assess a potential cleanliness verification method that appears to be capable of accounting for the presence of these chemical interferents.

The requested supplies services represent the minimum requirements of the government, which have been verified by the certifying technical and requirements personnel.

2. Regulatory Authority Permitting Other Than Full and Open Competition.

FBO

FAR 13.106-1(b)(i) Soliciting from a single source

FAR 13.106-1(b)(ii) Particular brand-name item

GSA

FAR 8.405-6(a)(i)(1)(A) An urgent and compelling need exists

FAR 8.405-6(a)(i)(1)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized

FAR 8.405-6(a)(i)(1)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures (the original order or BPA must not have been previously issued under sole-source or limited-sources procedures).

FAR 8.405-6 (b) Items peculiar to one manufacturer (brand-name item) ID/IQ Task Order/Delivery Order (e.g. NASA SEWP or ARMY CHESS)

FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

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FAR 16.505(b)(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized

FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [When utilizing this exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).]

FAR 16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

3. Rationale Justifying Use of Cited Regulatory Authority.

a.) The Items Described in Paragraph 1 Must Be Compatible In All Aspects (Form, Fit And Function) With Existing Systems Presently Installed.

b.) A Patent, Copyright, or Proprietary Data Limits Competition.

c.) The Items Described in Paragraph 1 are “Direct Replacements” Parts/Components for Existing Equipment.

d.) Foreign Military Sales (FMS) Supported By A Case Letter.

e.) Unusual and Compelling Urgency.

3 | 4 f.) Other: If required, discuss any other rationale that supports the use of a brand name/sole source for this effort.

4. Implication of Procuring another Brand/Manufacturer.

a.) Unacceptable Delays in Fulfilling the Agency’s Requirements.

b.) Substantial Duplication Of Cost To The Government That Is Not Expected To Be Recovered Through Competition.

10 U.S.C. 2304(c)(3)(B) and 41 U.S.C. 3304(a)(3)(B), implemented by FAR 6.302- 3(a)(2)(ii): “To establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution.”

The authority cited above is applicable when it is necessary to "Establish or maintain an essential capability for theoretical analyses, exploratory studies, or experiments in any field of science or technology." IAW FAR 6.302-3(b) (2) (ii), the cited authority is also applicable when it is necessary to "Establish or maintain an essential capability for engineering or developmental work calling for the practical application of investigative findings and theories of a scientific or technical nature."

The support research secured by this procurement requires a research-based educational institution with established multidisciplinary capability in engineering, scientific, and technical disciplines, including chemical engineering, analytical chemistry, computational data analysis, and scientific equipment glass blowing. This work builds on an established relationship with Dr. Nosang Myung, Keating Crawford Endowed Professor, Department of Chemical and Biomolecular Engineering, at the University of Notre Dame, who has extensive experience and an international reputation in developing vapor sensors for organic compounds. In addition to the core capabilities of Dr. Myung’s own research group, this effort requires access to a wide range of chemical analysis instrumentation and collaboration with subject matter experts who are well versed in operating these instruments and with chemical analysis methods and data interpretation. Dr. Myung was instrumental in establishing the Analytical Science and Engineering at Notre Dame (ASEND) Core Facility, which provides the wide range of state-of-the-art chemical analysis instrumentation that is required for this project.

While executing N64267-19-C-0024, Dr. Myung’s group has developed solvent vapor sensors for Novec 71DE for the Navy that are based on his long-term work in this field, and on multiple patents he holds that are directly related to the sensors his group is developing for the Navy. He is applying for an additional patent for work conducted under N64267-19- C-0024. His continued involvement in this work is critical because of his unique expertise and qualifications, his first-hand knowledge of the current problems with the solvent NAVSEA 05 has selected, and his understanding of how these problems will affect the vapor sensors his team has designed.

4 | 4 c.) Other: If required, discuss any other implication of procuring another brand/manufacturer.

5. Actions to Remove Barriers to Competition.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a brand name/sole source is in the best interest of the government.

CONTRACTING OFFICER:

Name, Title, Code Phone No. Date

The University of Notre Dame Department of Chemical and Biomolecular Engineering is the only university known to meet all of the required criteria as mentioned in above.

NSWC Corona has no plans at this time to compete future contracts for this type of service covered by this document. If another potential source emerges, NSWC will assess whether competition for future requirements is feasible.

RICHMOND.TASHEL

L.ANN.1023253816

Digitally signed by

RICHMOND.TASHELL.ANN.10232

53816 Date: 2022.04.19 11:13:35 -07'00'