SS-BN Justif Under SAT rev 2 Nov 2021 final reviewed and signed 001- KO_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: Code 612 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) Code 612 Fire Protection Group (FPG) wants to procure the fire testing services of Southwest Research Institute (SWRI) of San Antonio Texas to support the LPD FLT II – Nextel Cable Sleeve Qualification Testing. The fire testing services requested in this contract would include use of the SWRI fire test facilities, procurement of all necessary test material and mounting hardware, drafting of a test plan, performance of UL2196 testing, drafting of a final test report summarizing all testing setup, procedure and results. The period of performance for the contracted services from the date of award through June 30, 2022. The estimated average value of the services is .

MANUFACTURER: Southwest Research Institute ADDRESS: 6220 Culebra Road San Antonio, TX 78238-5166

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, copyrights, or secret processes in the item or service required.

The NSWCCD Code 612 FPG needs to use the fire testing services of only one source, SWRI, as SWRI’s fire test facilities are outfitted with custom fire test furnaces, and when outfitted with requested test measurement devices, are capable of enhancing fire characteristic analysis of materials. The test furnaces at SWRI are regarded to be established proprietary test facilities containing certain background intellectual property including but not limited to Lightboard Technology. SWRI test furnace is equipped with an infrared camera within the furnace, capable of withstanding the large amount of heat necessary to reach the fire exposure curve. This camera allows more in depth analysis of the performance of each passive fire protection method in real time. In short, SWRI has facility flexibility/customizability that allows for the accommodation of performing custom fire tests for the Navy.

The Nextel Cable Sleeve Qualification fire testing services required in this procurement are needed by the NSWCCD Code 612 FPG to support fire services tasks funded by NAVSEA SEA05P for the LPD FLT II project. It is necessary to use the SWRI test furnaces with infrared camera and Lightboard Technology procedures referenced above to collect necessary data for the sample testing. Different facilities may use alternate burner setup or do not have the customization needed to perform the Navy tests and produce the fire exposure or data collection techniques requested. To have consistent exposures, testing and results between sample materials and throughout the project, the SWRI test furnaces must be utilized.

In summary, only the fire test services and facilities available from SWRI, furnaces, Lightboard Technology and infrared camera set up, will support the Task II requirements of this ongoing project to characterize the most efficient passive fire protection method for use on cables.

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:

If this contract was awarded to a test facility other than SWRI, additional cost would be incurred. The alternate test facility would have to construct the background intellectual property Lightboard Technology that SWRI uses. The alternate facility would also have to install the infrared camera requested to observe the samples tested in real time. Other facilities do not have the requested background intellectual property and would have to modify the test furnaces to add the other requested measurement devices.

For historical reference, the Code 612 FPG has previously contracted with the SWRI for customized fire support test services, awards include N0016721P0074, N0016720P0123 and N00178 14 D 7928 FD01.

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.

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).