Sole Source Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

MEMORANDUM FOR FILE

FROM:

CODE: Code 612 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. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, market research similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the

3. 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.

4. 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 is to acquire a direct current potential difference (dcPD) crack monitoring system and accompanying testing software capable of both fatigue crack growth rate (FCGR) and non-linear fracture toughness (NLFT) testing.

MANUFACTURER: Laboratory Testing Incorporated ADDRESS: 331 Topaz Drive, Hatfield, PA, 19440

PHONE: 215-716-5500

POC: Joseph Mastrangelo jmastrangelo@labtesting.com

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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).

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, Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

C/612 currently operates a significant number of MTS test frames and 2 other LTI dcPD systems to perform critical material testing for susceptibility of environmental fracture.

LTI is the sole manufacturer of FTA dcPD systems that is compatible with MTS test frames legacy FTA dcPD systems currently operated by Code 612. Integration with existing MTS test frames and FTA dcPD systems, with software capability for both FCGR and NLFT testing is required to maintain operational flow with Code 612 material testing systems.

The ADWIN used to control the dcPD system cannot be bought for laboratory testing unless purchased through LTI and the accompanying software which integrates closed feedback control of the test frame is proprietary.

C. LIMITED SOURCE (FAR 8.405-6):

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, Manufacturer (OEM).

IV. CERTIFICATIONS & APPROVALS