FBO-Limited_Sources_Justification.docx

National Transportation Safety Board Limited Sources Justification (LSJ) “Testing and Analysis of Lithium-Ion Batteries”

1. Program Office / Procurement Request Office of Research and Engineering (RE-1)

2. Nature of Action The purpose of this Limited Source Justification is to provide documentation that explains why this specific requirement is to be awarded without competition to TIAX LLC for additional testing and analysis of lithium-ion batteries from a Boeing 787 aircraft.

3. Description of Requirement The National Transportation Safety Board (NTSB) is continuing its investigation of the aircraft incident DCA131A037 that occurred in Boston, MA. The NTSB has a continuing, urgent need [as defined by the Federal Acquisition Regulation (FAR)] to obtain additional specialized testing, analysis, and evaluation of the lithium-ion battery that was involved in the aircraft incident.

The specialized technical support required is follow-on scientific testing, analysis, and evaluation. On March 14, 2013, the NTSB initially awarded contract NTSBF130014 to TIAX LLC for the following specialized work to support the NTSB and the Department of Defense, Naval Surface Warfare Center-Carderock Division (Carderock) in evaluating the lithium-ion batteries involved in the incident:

a) Conduct a rapid evaluation of cells and perform more detailed Computed Tomography (CT) scans of the cells;

b) Perform additional measurements or other investigations relevant to tear-down analysis prior to the actual tear-down of suspected cells;

c) Support the NTSB and Carderock by performing a focused tear-down analysis of suspected cells and analyze whether any cell construction could have contributed to battery failure.

d) Determine if metal particles are present in the cell, or whether any manufacturing anomalies exist in CT scans conducted on other exemplar batteries;

As a follow-on to this ongoing work being performed by the NTSB, Carderock and TIAX LLC, the NTSB has a need for TIAX LLC to perform the following specialized work (including providing all documentation and photographic records):

e) Review the NTSB and Carderock-developed evidence relating to Cell 6 from the Incident APU battery and independently check for any root causes markers;

f) Investigate the charge condition impacts for LVP65 lithium-ion cells regarding the lithium plating, utilizing coin cells;

g) Summarize all results with emphasis on any potential contributing causes of battery failure.

4. Unique Qualifications / Circumstances of Requirement Based on the circumstances described, the NTSB has determined that these tasks must be completed within the shortest timeframe possible so that the NTSB can analyze the results and thereafter, complete all aspects of its investigation as soon as possible. The expedient finalization of the NTSB investigation will enhance safety of the traveling public by increasing the understanding of the causes for this aircraft incident and thereby helping prevent future incidents involving this type of aircraft battery. The contractor is uniquely qualified to perform these highly specialized services. Therefore, this requirement meets the FAR requirements as described below for justification of a sole source contract.

[Additionally, while this award is justified on the basis of urgency and specialized capabilities of TIAX LLC (including its use of patented technology), it is noted that TIAX LLC is currently involved in the joint analysis of the suspect lithium-ion batteries under its earlier CT scan contract. For the NTSB to continue to contract with TIAX LLC would also be in the interest of economy and efficiency.]

5. Statutory Authority FAR 8.405-6(a)(1)(i)(A) and 8.405-6(a)(1)(i)(B) require that if an agency limits competition when orders, including blanket purchase orders, have been established under a Federal Supply Schedule, the only circumstances that may justify a sole source contract under limiting sources are:

A. An urgent and compelling need exists, and following the procures would result in unacceptable delays; (and/or) B. Only one source is capable of providing the supplies or services required at the level of quality required because the supplies and services are unique or highly specialized.

6. Efforts to Determine Only One Source Market research, conducted by consulting with the Department of Energy (DOE) and Carderock, agencies that are Federal Government partners to the investigation, found only two companies, Exponent, Inc. and TIAX LLC, with the expertise in lithium-ion batteries and the facilities to perform the required tear-down and analysis. Exponent, Inc. has been retained by the aircraft manufacturer, Boeing, Inc., and would, therefore, represent a conflict of interest to the NTSB investigation. Exponent, Inc. is being paid by a party that may have adverse interests to the Government. TIAX LLC was recommended by our Federal Government partners to ensure a high degree of impartiality. Additionally, TIAX LLC possesses the patented technology needed to evaluate lithium-ion cells in the manner required for this investigation.

7. Contracting Officer’s Determination I have, therefore, determined that the description of the agency’s need as stated in paragraph 3 meets the FAR requirement for a sole source contract. I have reviewed the information contained in this Limited Sources Justification and determined that based on all the information provided, use of urgent and compelling justification is appropriate and the order represents the best value to the Government consistent with FAR 8.404(d). Additionally, TIAX LLC represents the only known source capable of providing the services required at the level of quality required because the services are unique and highly specialized. TIAX LLC also has no organizational conflict in providing the services.

8. Market Research The NTSB’s experts in lithium-ion batteries know of no other source for the technical support requirements described herein other than a company being used by the manufacturer of the aircraft, Boeing.

9. Other Pertinent Information N/A

10. List of Interested Sources No other companies/organizations have expressed an interest in this requirement.

11. Efforts to Remove Barriers to Competition The NTSB will continue to monitor the market for future acquisitions to identify new sources that can be considered for competition.

12. Contracting Officer’s Certification The Contracting Officer certifies that this Justification is accurate and complete.

Limited Sources Justification (LSJ) Limited Sources Justification