Sole Source Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 2 Template Page 1 of 4

Effective February 2022

MEMORANDUM FOR FILE

FROM:

CODE:

TO: Code 02 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 manufacturer/sole source name and address)

Provide two (2) Mine Safety Appliances (MSA) shock-isolation mounted model X5000 hydrogen sulfide (H2S) Gas Monitors and manufacturer-specific ancillary equipment, including a compatible Fleet-qualified controller, replacement H2S sensors and printed control board (PCB), test gas samples, and X5000 calibration kit and mounting accessories. NSWCCD Code 633 will use the MSA Ultima X5000 monitors for environmental qualification testing (shock, vibration, electromagnetic interference (EMI)) in FY23.

MANUFACTURER: MSA Safety Sales, LLC (DBA: MSA The Safety Company) ADDRESS: 1000 Cranberry Woods Drive, Cranberry Township, PA 16066

PHONE: 800-672-3930

POC: Brett Ashmore, Gulf Coast Territory Manager, 337-288-7700

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

NSWCCD has been tasked to identify and conduct testing on a next-generation shock mounted hydrogen sulfide H2S gas monitor that can be used to potentially replace the legacy electrochemical-type MSA Ultima XE H2S monitor currently in use . The MSA Ultima XE H2S monitors require frequent calibration that must be performed on a schedule using gas samples that expire quickly.

The minimum requirements for the replacement H2S gas monitor include:

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 2 Template Page 2 of 4

• Commercial model with 0-100 ppm measurement capability;

• Furnished with shock-isolation mounts that have successfully demonstrated the ability to meet the test criteria of Department of Defense (DoD) military standards: MIL-STD-167 and MIL-S-901;

• Design features that allow for immediate retrofit on Navy surface ships without need for modifications;

Auto-calibration and sensor blockage detection features.

NSWCCD identified the shock-isolation mounted MSA Ultima X5000, manufactured by MSA Safety Sales, LLC as the only model of H2S gas monitor that met its requirements. They are purchasing two (2) of the MSA Ultima X5000 monitors to use for environmental qualification testing (shock, vibration, electromagnetic interference (EMI)) in FY23.

☐ A. BRAND NAME:

☐ 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.

MSA Safety Sales, LLC is the OEM for and sells the Ultima X5000 H2S detector and its replacement parts directly to the customer/end user and does not allow its resale through other vendors.

Market research performed by NSWCCD Code 633 as part of the TIAP process has conclusively shown that there are no sources other than MSA that can provide a shock mounted H2S gas monitor that meets all of NAVSEA’s minimum requirements (see above).

It is the only such product with 0-100 ppm H2S detection capacity designed with identical wiring and bolt-pattern mounting arrangements as the MSA Ultima XE.

Furthermore, it is the only commercial model H2S monitor that can be furnished with shock isolation mounts that

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 2 Template Page 3 of 4 have successfully demonstrated the ability to meet Navy-required MIL-STD-167 and MIL-S-901 test criteria.

These features allow its immediate retrofit on Navy surface ships without need for design modifications.

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.

/Engineer/

Customer/Requestor Signature Name / Title / Phone Date

/Branch Head/

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

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Contracting Officer Signature Name / Title / Phone Date