REDACTED SSJ.docx

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

FROM:

CODE:

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) The proposed contract procures one MTS hydraulic load frame and requires the contractor to install, calibrate, and verify the performance of the system. Optional procurement includes a second hydraulic load frame, hydraulic grips, and a hydraulic supply with the same installation, calibration, and performance verification.

The estimated value for all material procurement and service tasking is $ . This cost covers all equipment purchases, shipping, as well as travel and labor costs for installation, calibration, and performance verification services.

MANUFACTURER: MTS Systems Corporation ADDRESS: 14000 Technology Drive, Eden Prairie, MN 55344-2290

PHONE: 856-768-9220

POC: Mr. Michael J. La Corte

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

A market survey was conducted to determine all vendors capable of providing hydraulic load frames that integrate with MTS system controllers, which are used in the Code Fatigue and Fracture Laboratory. Only MTS load frame systems integrate with MTS controllers, and attempting to install equipment not produced by MTS would void existing warranties on previously purchased equipment. A specific model of hydraulic load frame is not needed, as long as minimum performance requirements are met. All MTS hydraulic load frames are compatible with MTS system controllers.

Per MTS policy, MTS does not support third-party commercial sale of equipment; therefore, no alternative vendors to MTS capable of meeting all of the technical requirements for this contract were identified.

· A. BRAND NAME:

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

NSWCCD

Sole

Source/Brand

Name

Justification

SAT

rev

Effective

September

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· 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.

☒ 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 currently operates a significant number of MTS test frames and system controllers to conduct material testing for a variety of critical technical programs. Maintaining consistent operation of existing equipment and ensuring new equipment is capable of interfacing with existing hardware and software is a technical requirement to ensure continuity of laboratory operations.

As the original equipment manufacturer (OEM), MTS can guarantee correct system installation, integration with existing MTS controllers, and calibration. Hydraulic load frames produced by other manufacturers are not compatible with MTS system controllers. Any services completed incorrectly by a third- party on MTS equipment may eliminate the ability for MTS to complete future repairs.

Purchase of new equipment require OEM components for compatibility with existing MTS equipment in the Code Fatigue and Fracture Laboratory. MTS policy does not allow third-party commercial vendors for MTS equipment. New OEM equipment is only available for purchase directly through MTS.

Therefore, in accordance with FAR 13.106-1(b), the Contracting Officer has determined that the circumstances of the contract action deem only the services provided by MTS will meet the needs of the Government.

· 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.