REDACTED Sole Source.docx

MEMORANDUM FOR FILE

FROM:

CODE:

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 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer

3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), 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.

II. DESCRIPTION OF ITEM OR SERVICE (Include manufacture/sole source name and address.)

NXA5126 is a natural neoprene rubber compound used in the manufacturing of components for use on United States Navy (USN) Submarines. NSWCCD requires up to 15,552 pounds of NXA5126 rubber compound to support new construction and in-service engineering (ISE).

MANUFACTURER: Burke Industries, Incorporated ADDRESS: 2250 S 10th Street, San Jose, CA 95112-4114 PHONE: 970-270-5602 POC: Kevin Sroka, Kevin.Sroka@mannington.com

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

· A. BRAND NAME. The 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. Federal Supply Schedule (FSS) IAW FAR 8.405-6(b).

· 4. Other Reasons.

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

☒ 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.

☒ 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. Burke is the original manufacturer and the only responsible source capable of producing NXA5126 as it is the only source with the exact formulation of NXA5126, which is the on qualified rubber compound for manufacturing components on USN Submarines. Burke developed the formulation of the NXA5126, at its own expense, and does not license the formulation or sell the formulation to third parties.

☒ 3. Other Reasons.

The mission impact should this product not be solicited from the single source is a significant delay in organic manufacturing of government furnished material (GFM) stock item NIIN 015595261 at DLA Distribution Depots utilized at US Navy shipyards intermediate maintenance and repair facilities in maintaining the active fleet of SSN 688 Los Angeles Class, SSN 774 Virginia Class, SSN 21 Seawolf Class, SSGN-726 Ohio Class and SSBN-826 Columbia submarines.

A key parameter required in this natural neoprene rubber compound first article (FA) and lot quality conformance (QC) testing is the dynamic performance of the rubber molded items, NIIN 015595261, at the Acoustic Pressure Tank Facility (APTF) located at the NUWC Newport Division. Lot quality conformance (QC) panel testing requires scheduling (12 months in advance) with a limited number of test windows available each quarter during a fiscal year. Rubber compound qualification is an iterative process and significant wait time is likely between dynamic performance test results and rubber compound formulation tweaks. Prior qualification efforts have required multiple iterations to demonstrate an acceptable qualified recipe with estimate cost ranging from $ to $ to fully characterize and complete all of the first article (FA) testing. The qualification process requires from 6 to 12 months to complete and is dependent on the availability and schedule of completing the required dynamic testing at the Acoustic Pressure Tank Facility (APTF) located at the NUWC Newport Division.

· 4. Federal Supply Schedules (FSS): IAW FAR 8.405-6(a)(1)

· a. An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

· b. Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or

· c. In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

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.