13. BNJ_4207 _Redacted.pdf

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REV 11-2023

BRAND NAME/SOLE SOURCE JUSTIFICATION (SAM) SAT

LIMITED-SOURCES JUSTIFICATION (GSA) SAT

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

(ID/IQ TASK ORDER/DELIVERY ORDER) SAT

1. Description of Supplies/Services.

PART # DESCRIPTION QTY

01-P58564R002 URC-300 VHF/UHF Transceiver Assembly, COTS 1

98-P58722R 30-90MHz Software Feature URC-300 frequency expansion 1 53-P58597R001 AC/DC Power Supply (10W) 1

The requested supplies services represent the minimum requirements of the Government, which have been verified by the certifying technical and requirements personnel.

2. Regulatory Authority Permitting Other Than Full and Open Competition.

SAM

FAR 13.106-1(b)(i) Soliciting from a single source

FAR 13.106-1(b)(ii) Particular brand-name item

GSA

FAR 8.405-6(a)(i)(1)(A) An urgent and compelling need exists

FAR 8.405-6(a)(i)(1)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized

FAR 8.405-6(a)(i)(1)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures (the original order or BPA must not have been previously issued under sole-source or limited-sources procedures).

FAR 8.405-6 (b) Items peculiar to one manufacturer (brand-name item) ID/IQ Task Order/Delivery Order (e.g. NASA SEWP or ARMY CHESS)

FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized

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FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [When utilizing this exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).]

FAR 16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 ( 15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

FAR 16.505(b)(2)(i)(G) For DoD, NASA, and the Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 ( 10 U.S.C.

3406(c)(5)). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).

3. Rationale Justifying Use of Cited Regulatory Authority.

a.) The Items Described in Paragraph 1 Must Be Compatible In All Aspects (Form, Fit And Function) With Existing Systems Presently Installed.

b.) A Patent, Copyright, or Proprietary Data Limits Competition.

c.) The Items Described in Paragraph 1 are “Direct Replacements” Parts/Components for Existing Equipment.

d.) Foreign Military Sales (FMS) Supported By A Case Letter.

e.) Unusual and Compelling Urgency.

Equipment needs to interface with General Dynamics brand name existing radio system as designed without additional modifications that would incur additional costs and design delay. Current and existing radio systems at the Hawaii Radio Network at MCBH (Marine Corps Base Hawaii) use URC-300 radios and expect matching connections and control interfaces and capability and require the same unit to test correctly.

3 | f.) Other: If required, discuss any other rationale that supports the use of a brand name/sole source for this effort.

4. Implication of Procuring Another Brand/Manufacturer.

a.) Unacceptable Delays in Fulfilling the Agency’s Requirements.

b.) Substantial Duplication Of Cost To The Government That Is Not Expected To Be Recovered Through Competition.

Table 1 Effort Hours Labor Rate Cost

Research and design efforts to understand the current URC-300 interface Fabrication of custom interface cables and adapter equipment Installation of the new radio and its custom interface Extensive testing and troubleshooting

Equipment needs to interface with existing radio system as designed without additional modifications that would incur additional costs and design delay. Current and existing radio systems use URC-300 radios and expect matching connections and control interfaces and capability. Procurement of a different radio transceiver would not allow for accurate testing or use as a spare radio. Integrating an alternative transceiver would necessitate significant additional costs and man-hours due to the required modifications for interface compatibility with the existing radio system.

Specifically, we estimate a total of approximately 150 additional man-hours would be required, broken down as follows: