DON SAP Single Source OPT_Redacted.pdf

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

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.

II. DESCRIPTION OF ITEM OR SERVICE:

Water lubricated axial piston pumps and motors with ceramic bearings are novel devices used for water hydraulics, such as water pumping and providing rotational power. A test stand will accommodate these pumps and motors and provide sensors and controls for testing these devices with particle laden waters. Commissioning, data analysis and evaluation support services will provide for the successful setup of the test stand, break in of the pumps and processing of data collected. The pumps’ and motors’ particle wear resistance will be tested to determine their capabilities with respect to feed waters for use in pumped hydro energy storage systems. The required delivery date is 03/30/2026 and the period of performance is from 10/30/2025 to 12/31/2026.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. X RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Ocean Pacific Technologies (OPT) holds the below patents on axial piston pumps and motors with ceramic interface surfaces (bearings). OPT has licensed this technology to Danfoss LLC., but Danfoss does not commercially offer these devices with all bearing surfaces under high pressures in ceramic. These products are only available from OPT.

Patent # or application Description Date App # 19/038.600 Slipper component w/ ceramic surface 1/27/25

10,309,380 Axial Piston Pump ceramic bearings 11/16/11 10,094,364 Banded ceramic valve and port plate 3/24/15

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.

3. ___ OTHER REASONS.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

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.

_________________Kyle Lawrence____ ____805 982 2043_____ ____10/6/2025___ Signature Name (Printed) Phone # Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Date