NSWCCD SS-BNJ Under SAT1_Redacted.pdf

MEMORANDUM FOR FILE

FROM:

CODE: Code 617 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)

NSWCCD Code 6170, Non-Metallic and LO Materials Branch oversees material characterization for materials used in support of research and development, surface platforms, and submersible platforms. Code 617 requires a 3-Year blanket purchase agreement (BPA) for calibration services to properly maintain ISO 10725 designated Tinius Olsen brand equipment located at the NSWCCD, West Bethesda, MD. Code 617 has used Tinius Olsen for many years to calibrate equipment located in the Rubber Mechanical Test Laboratory. This includes various load cells and Universal Testing Machines all which are also manufactured and purchased from Tinius Olsen. The duration of the agreement is 3 years from the date of agreement.

MANUFACTURER: Tinius Olsen Testing Machine CO ADDRESS: 1065 Easton Road Horsham, PA 19044 PHONE: 215 675-7100 ext 414 POC: Kristi Piechoski, k.piechsoki@tiniusolsen.com

Estimated Total Price (including options if applicable):

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, Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Tinius Olsen is the Original Equipment Manufacturer (OEM) of all the equipment listed in the PWS of the calibration services agreement. Historically, Code 617 has used Tinius Olsen for many years to calibrate equipment located in the Rubber Mechanical Test Laboratory (i.e., N0016713P0167, N6554014P5494, N0016717P0297, N0016719P0219, N0016722P0015.) This includes various load cells and Universal Testing Machines (UTMs) all of which are manufactured by and purchased from Tinius Olsen. As the OEM representative, the field technician has access to exclusive diagnostic software that will be used to calibrate the UTMs as well as the load cells. This diagnostic software allows the field technician to calibrate the equipment without causing undo stress or damage to the loadcells/UTM. The equipment can be calibrated without this software, however, that led to the damaging of one load cell which cost upwards of $10,000 and a large delay in Code 617’s ability to meet project deliverables and deliver quality control data. Given the sensitive nature of the equipment, Code 617 requires the OEM, Tinius Olsen to calibrate all equipment.

Code 6170 requests that the source for this acquisition be limited to the OEM of the Tinius Olsen brand of equipment. Sources other than the OEM can calibrate Tinius Olsen brand equipment and Code 6170 had a contract awarded to one such vendor in N0016721P0152. The vendor calibrated without the diagnostic software referred to in para. III B.2., above. However, that led to the damaging of one load cell which cost upwards of $10,000 and a large delay in Code 617’s ability to meet project deliverables and deliver quality control data.

Given the sensitive nature of the equipment, Code 617 requires the OEM, Tinius Olsen, to calibrate all equipment.

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, Manufacturer (OEM).

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.

01/16/2025 Date

01/16/2025 Date

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

MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Digitally signed by MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Date: 2025.02.13 15:46:50 -05'00'