Sole Source-Brand Name Justification signed KD_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2020

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) NSWC Code 636 Battery Certification and Integration Branch (BCI) seeks to procure a service contract capable of fire science testing and training for lithium batteries. The estimated value of this service contract is with a delivery date of NLT: twelve (12) months from award.

MANUFACTURER: Jensen Hughes, Inc.

ADDRESS: 3610 Commerce Drive, STE 817

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

COMPETITION Code 636 has performed a market survey of available fire protection services in Baltimore-Washington metro area was conducted. Companies in the Washington metropolitan area which provide fire protection consulting services include Rhino Fire Protection Engineering, PLLC in Reston, Virginia, HK Fire Protection, Inc. in Rockville, Maryland, BFPE International in Hanover, Maryland, and Jensen Hughes, Inc. in Baltimore, Maryland. All of these companies, with the exception of Jensen Hughes, only provide consulting services for active fire protection extinguishment systems not actual testing analyze.

These local companies have no experience with fire testing, lithium battery fire fighting for the U.S Navy.

Jensen Hughes is the only fire protection company specializing in fire research, consulting, development, and testing related to U.S. Navy applications. JH has shown that they are fully capable of conducting fire modeling and lithium battery hazard assessment for the use onboard surface ships. Jensen Hughes was involved in the drafting the existing NSTM Chapter 555 volume 1 - Surface Ship Firefighting, Rev 14, S9086-S3-STM-010 and NSTM Chapter 555 volume 2– Submarine Firefighting, Rev 13, S9086-S3-STM- 020, which are the documents for which the firefighting training program shall be derived.

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:

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.

Jensen Hughes, Inc. (JH) is a global fire protection company headquartered in Baltimore, MD. They are a single resource for all fire safety fire modeling, design, and testing. JH has shown that they are fully capable of conducting fire modeling and material hazard assessment for other Navy contracts such as N00173-15-D-2002, which included effort for development of the Navy Ships Technical Manual Chapter 555 Volume 1 &2. The test method for the verification of lithium battery enclosures portion is an extension of previous work Jensen Hughes performed on NAVSEA contract for electrical box fires in magazine.

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: Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source. Similar efforts were conducted for NAVSEA on contract where they electrical box fires in magazines were studied

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.