2.09 Brand Name Justification_Redacted.pdf

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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

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.

Justification and Approval (J&A) under SAT

MEMORANDUM TO THE FILE

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. Background

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, and the required delivery date/period of performance The Chief of Naval Air Training (CNATRA) requires the purchase of Oculus Quest brand Virtual Reality (VR) gaming headsets and accessories for Flight Line Operations. Accessories include hard-shell travel cases, foam lens cover protector, and bundles of lens cleaners. The VR headsets shall be black in color and requires 128 gigabytes of memory. The required delivery date is 30 days after award.

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

FOLLOWING:

A. ONLY ONE RESPONSIBLE

SOURCE

No

B. BRAND NAME Yes

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 manufactured by 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" purchase description 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, or cannot be modified to meet, the agency's needs

All items must be brand name in order to be compatible to the existing equipment at CNATRA and supplies requested are unique. Oculus Quest products are the only products capable of meeting the Government’s requirement to augment the existing equipment utilized at CNATRA. Award to any other source would result in compatibility issues and prevent CNATRA from supporting their Flight Line Operations.

If exact brand is not procured, CNATRA would be required to replace the existing equipment. While the new procurement could be solicited and awarded on a fair opportunity basis, it would result in a substantial duplication of cost to the Government. Competing this requirement using brand name specific items under fair opportunity allows the Government to maximize opportunities for fair consideration without duplication of cost or disruption of mission critical services.

Procurement of any other manufacturer’s products would likely result in the substantial duplication of cost to the Government that is not expected to be recovered through competition. The purchase of this equipment will enable CNATRA to continue support the Flight Line Operations. While other manufacturer’s products are available in the marketplace, the Oculus Quest brand is unique in the manner it is compatible with the existing equipment. It is neither cost effective nor efficient to duplicate the cost already invested in the existing equipment.

C. UNUSUAL AND COMPELLING

URGENCY

No

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. See FAR 13.501

C. Division Director or Above