NSWCCD SS BNJ Under SAT_Redacted.pdf

MEMORANDUM FOR FILE

FROM:

CODE: 611

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. 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 (include manufacture/sole source name and address)

The Nondestructive Evaluation Welding, Processing, & NDE Branch, Code 611 of the Naval Surface Warfare Center Carderock Division (NSWCCD) requires one RollerFORM Phased Array Wheel Probe, one standard phased-array probe, and twenty standard and custom wedges for various phased array probes. Items will be used to facilitate complex inspections for shipyards, fleet maintenance requirements and RDT&E. Required delivery date is NLT 15 Aug 2025.

MANUFACTURER: Evident Scientific INC.

ADDRESS: 48 Woerd Ave., Waltham MA, 02453

PHONE: (484) 432-4071

POC: Brad Bornstein

DISTRIBUTOR: Federal Resources Supply Company, LLC (FRSC)

ADDRESS: 235-G LOG CANOE CIR, STEVENSVILLE, MD 21666-2165

PHONE: (540) 437-2959

POC: Heather Gira, hgira@noble.com

Note: FRSC was acquired by Noble Supply and Logistics in 2021, becoming a subsidiary of Noble

Estimated Total Price (including options if applicable):

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

☒☒ A. BRAND NAME:

The item required must be a brand name product, or feature of a product, particularly to one manufacturer.

The NSWCCD, Code 611 purchased in FY24, Evident Scientific Inc.’s brand of OmniScan X3 64 Phased Array and TFM Flaw Detector instrument under contract # N0016724P0223. Evident Scientific Inc manufactured RollerFORM Phased Array Wheel Probe and (PAUT) Phased Array Ultrasonic Testing Accessories is a continuation of Evident Scientific Inc.’s Brand Name purchases because they are specifically optimized to be compatible with existing Navy nondestructive evaluation infrastructure, procedures, processes, software and specifications. Evident RollerFORM and PAUT systems are used for specific Navy fleet inspections that use tailored procedures. Carderock must acquire the Evident RollerFORM and PAUT hardware to perform those procedures and share compatible data with legacy Carderock equipment, as well as provide compatible data and inspections with shipyards and fleet maintenance requirements.

☐ 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).

See Letter, Evident Scientific, Noble Supply Auth Distributor, 26Sep2023. Evident Scientific, Inc. FKA Olympus Scientific Solutions Americas Corp (“Evident”) as an authorized Small Business reseller for certain products sold by Evident that are branded as “Olympus” or as “Evident”. Subject to the terms of our distribution agreement, Noble Supply & Logistics is authorized to purchase products from Evident and to resell them to the United States federal government, whether domestic or international, including government contractors and those state and local governments who purchase products through GSA schedule, Open Market, and programs administered by the Defense Logistics Agency Troop Support office.

Additionally, the limited warranty accompanying the Evident products sold by Noble Supply & Logistics to the federal government shall inure to the benefit of the federal government as such limited warranty is written.

☒ 3. Other Reasons:

Use of hardware other than the brand name Evident Scientific RollerFORM Phased Array Wheel Probe and (PAUT) Phased Array Ultrasonic Testing Accessories with the Evident Scientific OmniScan X3 64 would prevent Carderock from providing adequate support to our shipyards and maintenance centers, require extensive rework of procedures and processes, and result in unacceptable delays to Navy ship maintenance and deployment schedules.

☐ 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.

☐ 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment

☐ 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, 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

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

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).