Sole Source Justification Under SAT 4-19-22_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: 631

SUBJECT: Sole 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

The Navy has a requirement to monitor the levels of contamination on tools in shipyards. CRONOS-11 (Tool Contamination Monitors) are extremely sensitive instruments used to detect gamma radiation on articles such as waste bags, tools, and hard hats. Tool Contamination Monitors are used at Department of Defense and Department of Energy facilities in support of Naval Nuclear Propulsion Program (NNPP) work. The Original Equipment Manufacturer (OEM), Mirion Technologies, has released new software for these monitors. In order to support the new software version, a subset of the CRONOS-11 monitors will require an operating system upgrade. To resolve this, embedded hardware will be installed to the monitors.

This is a supplies contract to purchase hardware for CRONOS-11 monitors at various NNPP sites. The hardware includes twenty-one (21), and optional ten (10), embedded computers outfitted with the Windows 10 IoT operating system. The embedded computers will enable the existing CRONOS-11 monitors to support the new software version.

The estimated cost per unit from Mirion Technologies is , resulting in a total estimated cost of for all thirty-one (31) embedded computers.

Mirion Technologies:

MANUFACTURER: Mirion Technologies, Inc.

ADDRESS: 800 Research Pkwy. Meriden, CT 06450

The base units shall be delivered within one (1) year after contract award. Optional units shall be delivered within one (1) year after the particular option is exercised.

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: Not applicable.

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.

The OEM, Mirion Technologies, is the sole manufacturer of the CRONOS-11 embedded computers due to possession of the proprietary design of the CRONOS-11 system. Another manufacturer cannot meet the Government’s need for CRONOS-11 embedded computers because the OEM possesses the proprietary design of the CRONOS-11 systems.

Market research indicated that a device from Thermofisher Scientific, HOST ASSEMBLY, 8800 PLUS COMM COMA001841, is also an embedded computer which operates with Windows 10 for TLD 8800 Readers. The TLD 8800 Reader embedded computer is similar to the CRONOS-11 embedded computer because both computers are used to support hazard-detecting systems. The TLD 8800 Reader embedded computer cannot be used in place of the CRONOS-11 embedded computer because the function and design of the systems are different.

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.

The CRONOS-11 embedded computers are solely manufactured by the OEM, Mirion Technologies. No other manufacturer possesses the proprietary design of CRONOS-11 systems to provide CRONOS-11 embedded computers.

The Government performed market research and found no other manufacturer which can provide the CRONOS- 11 embedded computers. The OEM, Mirion Technologies, is the sole manufacturer of the CRONOS-11 embedded computers due to possession of the proprietary design of the CRONOS-11 system.

3. Other Reasons:

The CRONOS-11 determines if work tools are allowed to be released from contamination controls. Without the CRONOS-11 embedded computers, then the CRONOS-11 would not be operable since the operating system is not compatible with the latest software version. CRONOS-11 systems that are not operable would cause the Navy to not have a method to determine if work tools can be released from contamination controls. Consequently, nuclear work in radiological spaces would not be able to continue at Navy shipyard and nuclear vessel maintenance sites.

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.