SOLE SOURCE REDACTED.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE:

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

Required are twenty-six (qty. 26) DYTRAN model 3369A sensors to be used to replicate a prior fabrication and test in the Acoustic Flow Facility (AFF). The estimated cost of all material is $ . Required delivery date is 3 MAY 2024.

MANUFACTURER: DYTRAN Instruments, Inc. ADDRESS: 21592 Marilla St., Chatsworth, CA 91311 PHONE: 818-700-7818 POC: Frank Bartels EMAIL: sales@dytran.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.

· 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.

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

☒ 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.

Code requires quantity 26 DYTRAN sensors, that were model 3369A sensors but modified with 50’ integral cable terminating in flying leads to model 3224A1, to fabricate complex one-shot testing articles to maintain collection of the most comparable data and compatibility with current system environment. NSWCCD Code used the DYTRAN 3224A1 sensors for a previous test where they embedded the sensors into a cured viscoelastic material and now need to repeat that test using the same assembly procedure. Problem issues with void formations caused by trapped air in the connector and determined the issue could be eliminated by minimizing the number of connectors. Code still requires this type of sensor due to their high sensitivity, wide frequency response, low noise floor, and compact design, and to maintain compatibility with current systems but with getting the cable length increased to 50’ and left un-terminated (bare wires).

☒ 3. Other Reasons: DYTRAN has authorized resellers/distributors, however since this is a modified sensor of an existing model, the material can only be procured from the OEM.

· 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.

· 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

· 3. Other Reasons:

IV. CERTIFICATIONS & APPROVALS