Sole Source Justification.docx

MEMORANDUM FOR FILE

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 NSWCCD’s Code 6170, Non-Metallic Materials Research and Engineering Branch requires the purchase of one Discovery DMA 850 dynamic mechanical analyzer, including the DMA unit, Standard Furnace, Gas Cooling Accessory (GCA), clamps, software, accessories, and on-site NSWCCD installation, calibration and training services. The Discovery DMA 850 instrument will replace and upgrade Code 6170’s current government-owned TA Instruments model Q800 DMA instrument. The contractor shall provide the assembly/installation, calibration, and training services within 14 days after materials delivery.

MANUFACTURER: TA Instruments – Waters L.L.C ADDRESS: 159 Lukens Dr., New Castle, DE 19720

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

Template Effective

February

Page of

· 3. Other Reasons:

☒ B. SOLE SOURCE (select all that apply) The NSWCCD’s Code 6170 Thermal Lab located at the NSWCCD is equipped with thermal analysis instruments manufactured by TA Instruments – Waters L.L.C. including a thermal dynamic mechanical analyzer (DMA), the older generation DMA Q800. Code 6170 acquired the DMA Q800 instrument approximately 10 years ago and uses it to perform DMA tests supporting qualification of material samples for existing and future Navy vessel hull treatments. Thermal analysis results from the DMA Q800 supports the following sponsors: PMS 450, PMS 397, PMS 500, ONR, NAVAIR, WFPP, NAVSUP, PMS 4XX, SEA 05 and additionally, to support the work products of many other branches and departments at NSWCCD: Code 7220 and Code 8200.

TA Instruments – Waters L.L.C. no longer sells the DMA Q800 and will stop supporting the Q800 series, in 2024. Code 6170 needs to replace its DMA Q800 and has decided to purchase the TA Instruments’ next generation Discovery DMA 850, with identical, if not better specifications than the DMA Q800. Code 6170 needs to procure the DMA 850 prior to the Q800 being fully phased out/becomes inoperable to do proper side-by- side comparison of DMA results and ensure results are consistent, meet requirements, and can become qualified by Code 7220. Code 7220 created the current methods and certifications needed to perform testing on GFM materials in the labs and in the field. It is important to that the Code 6170 has the same DMA capabilities that Code 7220 has in order to be approved for certification.

The NSWCCD’s Code 6170 has determined that the Discovery DMA 850 is the only reasonably replacement DMA instrument due to its cross-compatibility between software and accessories for the older generation DMA Q800 and for the sole reason that Code 7220 has the same Discovery DMA 850 system and capabilities that will allow us to meet their requirements and become certified by Code 7220. From being certified and using the same system, software, and full capabilities that Code 7220 uses, we would also be capable of assisting with the backlog of sample needing to be analyzed. The Discovery DMA 850 also uses the same compatible software that is supported by the other thermal analysis instruments (DSC, TGA, SDT, DMA Q800) in Code 6170 thermal analysis lab. The cross-compatibility between the two DMA generations (Q800 vs Discovery DMA 850) and the the use of identical DMA systems with Code 7220 allows for compatible exchange of raw data files and results and eliminates the concern for software incompatibilities and variation in results.

The Discovery DMA 850 meets all of the specification requirements, provided in the minimum requirements document and PWS, to allow us maintain our current operating conditions and methods, while also meeting the requirements from Code 7220 to become certified.

Code 6170 can use the same accessories across both DMAs (Q800 vs Discovery DMA 850) and perform side by- side comparison of results prior to the Q800 being phased out.

In conclusion, Code 6170 has determined that the TA Instruments – Waters L.L.C. is the only vendor that can that provide a Discovery DMA 850 that can meet the dynamic property measurement requirements needed for our DMA testing and that is cross-compatible with the current thermal analysis suite of instruments in Code 6170 thermal analysis lab.

☒ 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.

TA Instruments is a subsidiary of and owned by the Waters Corp. and Waters Corp. has patents for the Discovery DMA 850 (7,607,098; 9,933,249). TA Instruments TRIOS operating software is proprietary. It is important that TA Instruments trained service representative is the sole service provider to ensure that the instrument is not damaged upon delivery, no parts are missing, there are no issues with the current software version, and that the instrument is properly installed within the current thermal analysis lab space. TA instruments is the sole servicer of their equipment due to the proprietary components with the DMA 850, but most importantly the proprietary TRIOS software. They also maintain a certificate of registration ISO 9001:2015 that meets the requirements for design, production, and installation of Thermal Analysis Instruments including servicing, paid repair, and calibration.

☒ 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.

TA Instruments – Waters Corp. is the sole manufacturer of the Discovery DMA 850. TA Instruments offers its products and services through direct sales and services representatives and does not use distributors outside of the USA. Their instruments originate from their facility in New Castle, Delaware.