Sole Source Justification.docx

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

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) Purchase services to conduct characterization analysis on two fracture mechanics Monel K-500 test specimens provided by the NSWCCD Code 612. The contractor will perform Geometrically Necessary Dislocation (GND) density analysis using data collected via Transmission Electron Microscopy (TEM) and High Resolution Electron Backscatter Diffraction (HREBSD) on each test specimen per PWS and provide report deliverable. Services performed will help the NSWCCD understand hydrogen embrittlement susceptibility in different Monel K-500 material lots.

MANUFACTURER: J.T. Burns Research Group, University of Virginia ADDRESS: 351 McCormick Rd, Charlottesville, VA 22904

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

SAT

rev

Effective

September

Page of

· 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.

☒ 3. Other Reasons:

Based on market research and personal, scientific knowledge of this area of research, the NSWCCD Code 612 has determined that the Environmental Fatigue and Fracture group at the University of Virginia (UVA) is the only source available for this purchase. They have the requisite capabilities, software and knowledge, and, “pioneered” and are the only practitioner of the specialized analysis process needed to conduct the required GND analysis services.

Other research institutes such as the Naval Research Laboratory (NRL) and Carnegie Mellon do similar analyses such as TEM and HREBSD, but do not have UVA’s understanding of (1) hydrogen embrittlement phenomena as well as (2) the combined TEM, HREBSD, and GND analysis expertise needed to deduce mechanistic conclusions about how hydrogen embrittlement may be impacting mechanical performance.

It would require considerable time (1-2 years) and additional cost for other institute sources to develop the entirety of the specialized process and understanding present at UVA. This additional time requirement would not enable other institutes to perform the work within the requested POP.

The impact to the sponsor’s program in soliciting from a source other than the UVA is heightened risk of degradation in the program outcome due to increased likelihood that inadequately equipped contractors would be awarded the contract. The results of this research program must be of the highest quality to guide system design decisions regarding Monel K-500 longevity, since these decisions will impact much of the VIRGINIA class submarine fleet.

In conclusion, an award to any other vendor would result in: a) substantial duplication of costs to the U.S. government, which would not be expected to be recovered through open competition of performance work statement, and b) unacceptable delays in the completion of mission essential work.