NSWCCD Sole Source-Brand Name Justification_Redacted.pdf

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

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MEMORANDUM FOR FILE

FROM:

CODE:

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. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government�s requirements, and market research indicates other companies� similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency�s needs.

3. 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.

4. 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

The items required are high strength steel welding filler materials meeting the requirements of American Welding commercial classifications ER120S-1 H4 and E12018M H4R. The materials are to be conformance tested by the contractor in accordance with the contract PWS in order to provide data that will allow the Government to evaluate whether the materials meet the more stringent requirements associated with the corresponding military versions of the filler materials (MIL-120S-1 and MIL-12018-M2, respectively). There are no longer any Navy-qualified vendors of the military versions of these materials, so commercial products with additional testing requirements are being purchased. The materials are to be used in support of research and development activities related to future naval platforms. The required brand name is ESAB because they are the supplier who most recently held Navy qualification to produce the military versions of both the required materials. The required materials may be purchased directly through ESAB or through an industrial distributor within their distribution network. The required quantities of material are: 2000 lb. of ER120S-1 (ESAB part number 2112F27 120 CU 045X35#SP) and 2500 lb.

of E12018M H4R (ESAB part number 255101818 AA 12018 1/8X14X50#HS). The required delivery date is 31 August 2024.

MANUFACTURER: ESAB

ADDRESS: 801 Wilson Ave., Hanover, PA 17331

PHONE: 940-381-1476

POC: Michelle Smolko, msmolko@esab.com

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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A. BRAND NAME:

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

The required items must be a name brand in order to maximize the likelihood that they can meet the military requirements as described in Section II above. The brand name requested is that of the last manufacturer qualified by the Navy to produce both the required materials to military specifications. Other manufacturers that were Navy-qualified to produce one or both of these materials are: Alloy Rods Corporation, L-TEC Welding and Cutting, Tri- Mark Inc., and Lincoln Electric. Alloy Rods Corporation and L-TEC merged with ESAB in 1989 and no longer independently produce material. Tri-Mark was purchased the Hobart Brothers in 1986, and Hobart�s website does not indicate that they currently produce the required materials. Lincoln Electric�s product catalog does not indicate that they currently produce the required materials. As a result, there is not an �equivalent� to this brand name available that would satisfy a �brand name or equal� purchase description. Other companies listed on the IGE/Market Research for this acquisition are industrial distributors that distribute products by the required name brand 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). document.

3. Other Reasons:

As described in (A) above, the required name brand is that of the last manufacturer to produce both of the required products in accordance with military specifications. They are also the only major filler metal manufacturer that produces commercial versions of the required materials, which means that they have current manufacturing processes and the knowledge to produce material with properties close to those required by the military specifications. If another brand were pursued, increased cost, lead time, and technical risk would likely be incurred due to the need to develop or re-develop the required manufacturing processes.

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.

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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:

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).

Contracting Officer Signature Name / Title / Phone Date