J and A Redacted.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION SAT

1. Identification of Agency and Contracting Activity

Naval Postgraduate School

1 University Circle

Monterey CA 93943

NAVSUP FLCSD

3985 Cummings Rd

San Diego CA 92136

2. Nature and/or Description of the Action Being Approved

The product requested is an upgrade to the OEM Universal Sonar Mount hardware currently owned by the Department. I have purchased a Kongsberg EM2040 07 transduc transducer will currently not fit on the watercraft with the current mounting hardware. Request an upgrade to the pole used to mount the transducer, and the Hightower ba the pole is mounted. Request a teardrop shaped mount on which to attach the Kongsberg 2040-07 transducer. This sonar system and mounting hardware is used to suppor Oceanography Department courses, student thesis projects, and the Technical POC’s research programs.

The following products are needed.

1. A Sonar mounting pod that fits a Kongsberg EM2040-07 transducer and fits onto a USM pole.

2. A Sonar mounting pole that is 17 feet long on which to mount the transducer.

3. An upgrade to the Hightower mounting hardware (made by USM) that is currently owned by NPS Oceanography.

3. Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value

Required source: Sonar Mount.

Estimated price:

Required Delivery: 7/25/2024

ItemNo. Qty Unit Manufacturer (If known)

Part Number

(If known)

Description

1 1 Each Universal Sonar Mount

516 001 9000 Megapod. A pod on which to mount a Kongsberg 2040-07 transducer, and which itself mounts to a Universal Sonar Mount X Pole

2 1 Each Universal Sonar Mount

500-000-9431-02 R2 4.5” X Pole, 17” Reach

3 1 Hour Universal Sonar Mount

USM-REFURB Refurbishment of existing USM Hightower Base unit (platform and gearbox) owned by NPS, model part number 500-001-9001-01.

4 1 Each Universal Sonar Mount / Shipper

Packing / Shipping Fee for packing shipment (USM), and for shipping to

NPS.

Estimated Dollar Value:

FY/Option/Ordering Period OM&N OPN RDT&E

0.00 0.00

Subtotals

0.00 0.00

Total

4. Statutory Authority Permitting Other Than Full and Open Competition

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 Office the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilizat

J&A #:

Is the requested material or service represents the minimum requirements of the Government Estimated Dollar?

41 U.S.C. 1903 as implemented by FAR 13.106 1(b)(1)(i) One Source Reasonably Available Select 2nd Statutory Authority

Additional Information Regarding Statutory Authority if Applicable

N/a

Procurement Request/Solicitation/Purchase Order Number:

1301168952

Control Number:

N6227124PR00342

I. Background

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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 requireme of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, the estimated cost/price, and the required date/period of performance

ItemNo. Qty Unit Manufacturer (If known)

Part Number

(If known)

Description

1 1 Each Universal Sonar Mount

516 001 9000 Megapod. A pod on which to mount a Kongsberg 2040-07 transducer, and which itself mounts to a Universal Sonar Mount X Pole

2 1 Each Universal Sonar Mount

500-000-9431-02 R2 4.5” X Pole, 17” Reach

3 1 Hour Universal Sonar Mount

USM-REFURB Refurbishment of existing USM Hightower Base unit (platform and gearbox) owned by NPS, model part number 500-001-9001-01.

4 1 Each Universal Sonar Mount / Shipper

Packing / Shipping Fee for packing shipment (USM), and for shipping to

NPS.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING:

A. ONLY ONE RESPONSIBLE SOURCE Yes

1. Restrictive Rights No The source has established proprietary rights, limited rights in data, patent rights, copyrig processes in the item or service required.

2. Exclusive Licensing Agreements No The item or service is only available from the Original Equipment Manufacturer (OEM), or authorized distributor or technical representative for the OEM.

3. Other Reasons Yes Provide details on mission impact if requirement is not solicited from only one source

These parts must be compatible with the RHIB Kit mounting hardware that is currently owned by NPS Oceanography and was originally purchased from Universal Sonar has a patent on its products, patent no. 8094520B2. The product is a modification of current hardware owned by NPS, as well as new parts (pod and pole). These parts ar from another 3rd party seller or manufacturer, and there are no authorized resellers. The modifications (Hightower upgrade), must be compatible with proprietary hardw which is protected by patents. Since USM manufactured the original hightower equipment, modifications by a 3rd party would be exceedingly risky, leading to failure to of sponsored research. Other providers of sonar mounts are either specific to a single sonar (e.g. Norbit), or are not rated for the weight of the multibeam sonar on which mounted. This item is patented by Universal Sonar Mount. The suggested source is the only one manufacturer that meets requirements needs. There are no authorized r

B. BRAND NAME

Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product m another company. Describe how the particular brand name, product, or feature is essential to the Government's requirements and why a "brand name or equal" pu cannot be used (see FAR 11.104). Describe how market research indicates other companies' similar products or products lacking the particular feature do not meet, modified to meet, the agency's needs

N/A

C. UNUSUAL AND COMPELLING URGENCY No

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the nu from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine proce result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the fol

Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is esse Government's requirements and why a "brand name or equal" purchase description cannot be used (see FAR 11.1014). Describe how market research indicates othe similar products and products lacking the particular feature do not meet, or cannot be modified to meet, the agency's need.

N/A

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance: to08/15/2024 08/15/2024

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, circumstances or conditions that exist which validate the requirement as "urgent," estimated production lead time for the item, etc.

N/A

4. If appropriate, include any additional pertinent information:

This item is patented by Universal Sonar Mount. The suggested source is the only one manufacturer that meets requirements needs. There are no authorized reselle

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