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Attached to
Hach Orbisphere Sensor Federal contract opportunity
Solicitation number
N0016724Q0208
Issued by
Department of the Navy Naval Sea Systems Command

About this file

This document is a Sole Source/Brand Name Justification for a federal contract opportunity under the Simplified Acquisition Threshold (SAT). The Naval Surface Warfare Center Carderock Division (NSWCCD) is seeking to purchase a Hach Orbisphere K1100 LDO Sensor Kit, 0-40 ppm, 410 controller, and associated service items for the installation of a permanent dissolved oxygen sensor in its 36-inch Variable Pressure Water Tunnel. The Hach sensor was previously selected and installed in NSWCCD's Large Cavitation Channel facility in 1991 and upgraded in 2018. The justification cites the need for compatibility and repeatability of measurements across NSWCCD's propulsor test facilities, as well as Hach's exclusive rights and licensing, which make the sensor available from only one source. The government intends to solicit and negotiate with compliant products on a brand name basis under FAR 6.302-1(a)(2)(ii). Interested parties may submit capabilities statements by 11:59 AM, 16 July 2024.

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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. 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)

Hach Orbisphere K1100 LDO Sensor Kit, 0-40 ppm, 410 controller, ¼" flow chamber, panel mount with associated service items for Start-Up and Calibration of this instrument.

MANUFACTURER:Hach
ADDRESS:5600 Lindbergh Drive, Loveland, CO 80538
PHONE:(970) 217-3391
POC:Brian Wong

Estimated Total Price including Option Years: $

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

Naval Surface Warfare Center Carderock Division (NSWCCD), Code , and Code are currently undertaking an effort to repair and upgrade the 36 inch Variable Pressure Water Tunnel (36in VPWT). One of those proposed upgrades is the installation of a permanent dissolved oxygen sensor to measure water quality during cavitation inception testing. Water quality is an important quantity impacting the inception of cavitation and must be quantified during these tests. The current approach, a basic chemical analysis (titration method) is a onetime measurement of this quantity utilizing chemicals that must be stored in a HazMat locker. This capability for continuous measurements through a permanently installed non-chemical analysis is currently available at NSWCCD’s other large testing facility, the Large Cavitation Channel (LCC), in Memphis TN. We are proposing to purchase this same hardware in order to reduce the variables when comparing results from these tow test facilities. The Hach dissolved oxygen sensor was selected for installation in the LCC in 1991 after a thorough analysis of dissolved oxygen sensors available in the marketplace. More recently this sensor was upgraded in 2018 again selecting a Hach dissolved oxygen sensor.

☒ 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).

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

☒ 3. Other Reasons: The capability for continuous measurements through a permanently installed non-chemical analysis is currently available at NSWCCD’s other large testing facility, the Large Cavitation Channel (LCC), in Memphis TN. We are proposing to purchase this same hardware in order to reduce the variables when comparing results from these tow test facilities. The Hach dissolved oxygen sensor was selected for installation in the LCC in 1991 after a thorough analysis of dissolved oxygen sensors available in the marketplace. More recently this sensor was upgraded in 2018 again selecting a Hach dissolved oxygen sensor.

Compatibility with and repeatability of measurements from other NSWCCD propulsor test facilities. Critical to the interpretation of cavitation inception testing results

· 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. In accordance with FAR 6.302-1(b)(2) “the existence of limited rights in data, patent rights, copyrights, or secret processes, or similar circumstances make the supplies and services available from only one source.”

· 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.

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