REDACTED Sole Source Justification.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. 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

The of the Naval Surface Warfare Center, Carderock Division (NSWCCD) requires the procurement of two (2) delivery orders of 7,776 pounds of NXA5126 uncured rubber slabs. The required delivery date for the first order is 30 June 2025.

MANUFACTURER: BURKE INDUSTRIES (DELAWARE) LLC

ADDRESS: 2250 S 10TH ST

PHONE: 970-270-5602

POC: Kevin Sroka, Vice President and General Sales Manager Estimated Total Price (including options if applicable): $

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:

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective November 2023

☒ 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.

NXA5126 uncured rubber slab material is only available from one source which is BURKE INDUSTRIES (DELAWARE) LLC. The NXA5126 natural neoprene rubber compound formulation is non-commercial and was developed by BURKE INDUSTRIES (DELAWARE) LLC in 2008 to meet US Navy requirements described in NAVSEA DWG NO. 690-6726603.

BURKE INDUSTRIES (DELAWARE) LLC has provided their qualified proprietary NXA5126 rubber compound formulation on Indefinite Delivery/Indefinite Quantity (IDIQ) Firm Fixed Price (FFP) contracts N0016720D0008, N6554014D0018 and sole source Simplified Acquisition Procedures (SAP) contracts N0016719P0158, N6554014P5132, N0016714P0026, N0016712P0044, N0016712P0002, N0016711P0241, N0016709P0320, N0016709P0094 and N0016708P0430.

☒ 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

BURKE INDUSTRIES (DELAWARE) LLC is the OEM for NXA5126 natural neoprene rubber compound. They directly sell this material and do not use distributors or resellers. Please see SS BNJ Attachment, Letter, Burke Ind., Sole Source Supplier, 4 Apr 2025.

☒ 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.

· 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.