SSJ CD-61-0151 10Ni Steel_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 6110

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, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

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

The items required are high strength steel ingots in accordance with the attached Product Specification. The ingots are prototypes of Navy-developed Fe-10% Ni steel and are to be eventually drawn into welding filler material for evaluation by the Navy and its industrial base. The current supplier of ingot material of pertinent chemical composition is Carpenter Technology Corporation (“Carpenter”). Five ingots are required by this procurement, and follow-on processing of the ingots is included as an option. Required delivery dates are based on elapsed time from contract award.

MANUFACTURER: Carpenter Technology Corporation ADDRESS: 101 West Bern St., Reading, PA 19601

PHONE: 484-269-6591

POC: Humberto Raposo, hraposo@cartech.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, copyrights, or secret processes in the item or service required.

Initial development of the Fe-10% Ni alloy associated with this procurement was performed collaboratively between NSWCCD and Carpenter under a Cooperative Research and Development Agreement. After the expiration of that agreement, Carpenter purchased an exclusive license from the Government to produce the material under what is now U.S. Patent 10,384,315 B2. The chemical compositions for the prototype ingots required by this procurement fall under that patent.

In addition, given their 10+ year history of developing the Fe-10% Ni steel welding filler material chemistry, Carpenter holds the most extensive knowledge within the steelmaking industry of production processes and best practices associated with the alloy. Carpenter also has within their organization all of the facilities and expertise needed to perform the follow-on work required by the option portion of this procurement. This includes proprietary heat treatment schedules for the Fe-10% Ni material to increase downstream processability by the manufacturing industrial base (e.g., welding filler metal production companies). As such, contracting through another supplier with no previous experience producing this material would greatly increase the risk of delayed or poor performance.

Delayed or poor performance will impact the development schedule for the material and endanger NSWCCD’s mission to meet critical material down selection decisions for future ship platforms.

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

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

Manufacturer (OEM).

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).

Contracting Officer Signature Name / Title / Phone Date

MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Digitally signed by MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Date: 2024.08.06 07:47:14 -04'00'