REDACTED Sole Source.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

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. 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) Code requires the purchase of one Thermal Analysis System DMA 1, including the Dynamic Mechanical Analyzer (DMA) unit, Standard Furnace, Gas Cooling Accessory (GCA), clamps, software, accessories, and on- site NSWCCD installation, calibration, and training services. The system is used to facilitate temperature control during dynamic mechanical analysis (DMA) tests supporting qualification of material samples for existing and future Navy submarine coatings. Mettler-Toledo, LLC is the sole manufacturer/vendor of the unit and the total system costs 96,065.22. The required delivery date is 31 August 2024.

MANUFACTURER: Mettler-Toledo, LLC ADDRESS: 1900 Polaris Parkway, Columbus OH, 43240 PHONE: 1 (757) 266 2268 POC: Yacoob Shaikh, yacoob.shaikh@mt.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).

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

· 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.

☒ 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.

Code requires a new, current-generation DMA unit, used to determine, and qualify materials/polymers used for Navy submarine coatings. Code currently owned and operated two DMAs model Q800 from TA Instrument. TA Instruments will stop supporting the Q800-series next year, and needs equipment that can be annually serviced and calibrated to perform ’s critical role in hull treatment S&T, R&D, and vendor certification.

DMA is a niche need with few unit manufacturers in the market. Code conducted extensive market research to find a DMA unit that meet critical performance parameters via internet searches and communication with manufacturers. The Mettler-Toledo Thermal Analysis System DMA 1 met all of the following critical performance parameters: Temperature range, Heating Range, Frequency Range, Minimum Force, Maximum Force, Maximum Controlled Amplitude, Resolution, Cooling Device, Deformation Nodes, Sample Geometries in Single Cantilever Modes (Maximum)-Length, Width, Thickness- Measurement Mode, Export Data File, and Temperature Calibration Table. Mettler-Toledo is the OEM for the DMA 1 and has no authorized resellers or distributors.

☒ 3. Other Reasons:

The purpose of purchasing the Mettler-Toledo Thermal Analysis System DMA 1 is to obtain a specific and distinct brand from the other replacement, and not using the sole source procedures might result in a replication of costs as LPTA might net Code two of the same brand. This would reduce the code's diversity and lead to future delays by being locked into one company/brand.

· 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.