Q800 DMA Sole Source Justification_Redacted.pdf

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

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 7220

TO: Code 02 SUBJECT: Sole 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) Basic 1 -month support contract for (0800-0309 DMA – Q800 DMA Modules & 0800-0701 DMA – Q800 DMA & Modules) with Performance Maintenance Visits to support the current DMA machines in use at NSWCCD. The procurement is estimated at with an estimated start date of 9/6/2024.

MANUFACTURER: TA Instruments - WATERS LLC ADDRESS: 159 Lukens Drive, New Castle, DE 19720

PHONE: 302-563-0589

POC: Ashentay Kearse, Ashentay_Kearse@waters.com

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, copyrights, or secret processes in the item or service required.

Code 7220 uses Dynamic Mechanical Analysis (DMA) to determines Navy material characteristics for acceptance/rejection Navy materials. The Code bought the Waters/TA Instruments DMA such as the 0800-0309 - Q800 DMA and 0800-0701 - Q800 DMA in 2014-2015 with annual maintenance continually since. Due to proprietary drawings and schematics, personnel qualifications and part availability, Water/TA Instruments is the only vendor qualified to service the DMA machines to renew their certifications and ensure the tested materials are qualified/certified. They were also awarded the last two contracts for annual maintenance contracts (N0016718P0096 and N0016721P0170) that stemmed over three-year periods for each contract for this same exact reason.

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.

Waters/TA Instruments is also the OEM for the DMA machines.

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).

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).