Justification.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

CARDEROCK DIVISION

9500 MACARTHUR BOULEVARD

WEST BETHESDA, MD 20817-5700

J&A Number: N00167-

24-SIMACQ-CD-63-007

Code: 0631 PR Number: TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL & OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

Naval Sea Systems Command (NAVSEA), Naval Surface Warfare Center Carderock Division (NSWCCD), Contracting and Acquisitions Department, Code 02.

2. Description of the Action Being Approved

This is a sole source action to be awarded without providing for full and open competition. The proposed contract is a supply contract to be awarded to Thermo Fisher Scientific (TFS) located at 27 Forge Parkway Franklin, Massachusetts 02038. The proposed requirement is anticipated to be met using a Firm Fixed Price (FFP) contract.

3. Description of Supplies/Services

The NSWCCD Code 631 requires a three-year contract to purchase additional DT-702 Thermo-Luminescent Dosimeter (TLD) Cards and DT-702 Card Openers for the personnel dosimetry program. The Bureau of Medicine and Surgery (BUMED) Radiation Health Protection Manual (NAVMED P-5055) requires naval activities to maintain a dosimetry program for personnel who receive occupational exposure to ionizing radiation. Personnel dosimetry is used to measure an individual’s radiation exposure and to aid in minimizing exposure. Personnel dosimetry has medical, epidemiological and legal significance and must be conscientiously practiced by trained personnel with the appropriate / approved equipment. The items to be procured are as follows:

Vendor Part # Description Quantity Thermo Eberline LLC TLDCARD-47P TLD Card 60,000 Thermo Eberline LLC 27553 TLD Card Opener 60

The type (appropriation) of funding, amount per fiscal year and total contract amount are provided in the below table:

Funding Appropriation

FY24 FY25 FY26 Total

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority

There are several manufacturers who produce TLD Cards for primary dosimetry. However, TFS is the only company that presently has integral knowledge of the Navy’s primary dosimetry system.

The Naval Dosimetry Center (NDC) currently manages around 236,492 DT-702 TLD Cards as part of the Navy’s TLD primary dosimetry system. In addition to TLD Cards, this dosimetry system is comprised of many other TFS products, such as DT-702 Holders, Manual Holder Openers for DT-702 Holders, Extremity Dosimeters, TLD Readers, and many supporting accessories. Due to the proprietary nature of the Navy’s existing primary dosimetry system, TFS is the only commercially available contractor to satisfy these contract requirements.

An award to an offeror for other than TFS would result in (a) substantial duplication of costs to the US Navy, which would not be recovered through open competition of minimum specifications and (b) unacceptable delays in maintaining the current stock of primary dosimeters.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

A sources sought notice of the proposed contract was posted on the System of Award Management (SAM) website on 1 November 2023 and only Thermo Fisher Scientific Inc. expressed an interest in this requirement. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Thermo Fisher Scientific Inc. to provide the required supplies and services.

The technical code conducted market research by researching market catalogues, conducting internet searches and contacting market experts. Other companies offer alternative-technology dosimeters, other than the Thermo-Luminescent technology required for this proposed contract. Also, other companies may offer a TLD, but their TLD is not vetted by the US Navy and not approved by the National Voluntary Laboratory Accreditation Program (NVLAP) through the National Institute of Standards and Technology (NIST), as the current TFS DT-702 TLD is on both counts. Therefore, no company other than TFS was found to manufacture a TLD that can meet the core Navy requirements.

7. Determination of Fair and Reasonable Cost

The Contracting Officer has determined the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWCCD has no plan to compete this contract for the materials covered by this document. If another potential source of TLD Cards and TLD Card Openers emerges, NSWCCD will assess whether competition for future requirements is feasible.