25-SIMACQ-D20-0007_Redacted Tempo Communications BN JA_06162025.pdf
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- N63394-26-P-4007
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This is a Justification and Approval (J&A) document for use of other than full and open competition issued by the Naval Surface Warfare Center, Port Hueneme Division (NSWC PHD) under reference number NSWC-PHD-JA-25-092. The contracting activity seeks to award a firm-fixed-price contract on a sole-source basis to Tempo Communications for a branded Optical Power Test Set (part number 525N-30), classified as General Purpose Electronic Test Equipment (GPETE). The procurement supports NSWC PHD's General Purpose Electronic Test Equipment requirements for maintenance diagnostics beyond system built-in test capabilities. The estimated dollar value is redacted from the document. The contract was approved by Contracting Officer Brian Carpenter on June 16, 2025.
The justification for sole-source procurement is based on OPNAV INSTRUCTION 3960.16C, which requires NSWC PHD to utilize only GPETE parts that have been identified, selected, and approved with an appropriate National Stock Number (NSN). The Tempo Communications Optical Power Test Set is identified as the only qualified optical power test set with proper NSN approval for this application. NSWC PHD notes that seeking alternate sources would require extensive testing and selection approval at a separate Navy activity, resulting in an unreasonable 6-12 month delay that would jeopardize Foreign Military Sales customer schedules. Although no other brand meets programmatic requirements, the contract specialist conducted market research by posting a sources sought notice on NASA SEWP and SAM.gov from April 29, 2025 to May 8, 2025, receiving no responses from NASA SEWP and four responses from capable sources on SAM.gov. The Contracting Officer determined the anticipated cost to be fair and reasonable, and NSWC PHD committed to continued market research for future requirements to remove barriers to competition.
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Navy Marine Corps Acquisition Regulation Supplement APRIL 2018 (Change 18-24) of measurement requirements by functional category (identified on an associated Maintenance Requirement Card (MRC)). GPETE parts support maintenance beyond system built-in test and diagnostics capability for the
In accordance with OPNAV INSTRUCTION 3960.16C, NSWC PHD’s program is required to only utilize GPETE parts that have been already identified, selected, and approved with an appropriate National Stock Number (NSN). NSWC PHD’s program is not responsible for the identification and selection of the parts and/or assets identified, selected, and approved as GPETE. Rather, that identification, selection, and approval occurs at a different level at a separate activity within the Department of the Navy. Therefore, since the Tempo Communications branded Optical Power Test Set is the only Optical Power Test Set that has been identified, selected, and approved with an appropriate NSN for use as GPETE, the selection of an alternate Optical Power Test Set would result in NSWC PHD’s noncompliance with OPNAV INSTRUCTION 3960.16C and other Navy requirements. Furthermore, even if NSWC PHD were to seek selection and approval of the alternate Optical Power Test Set, since the selection and approval occurs at a separate level and at a separate activity within the Department of the Navy and requires extensive testing prior to selection and approval, the use of another brand would result in a delay of approximately 6-12 months. A delay of this magnitude would be unreasonable since it would significantly jeopardize NSWC PHD’s ability to meet the GPETE requirements within its FMS customers’ schedules.
6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.
Based upon the statements above no other brand meets programmatic requirements for this configuration. However, numerous sources were contacted to obtain pricing information, and obtain product availability. We looked at product, price, and availability information for all required items from all Mandatory Sources first. Based on research through GSA Advantage, Internet searches and previous suppliers, several companies are capable of providing this brand.
Contract specialist posted a sources sought to NASA SEWP and SAM.gov from 04/29/2025 – 05/08/2025 and received no responses from capable sources on NASA SEWP, and four responses from capable sources on SAM.gov.
7. Determination of Fair and Reasonable Cost.
The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.
8. Actions to Remove Barriers to Future Competition.
NSWC PHD Contracts Office will continue to conduct market research as warranted to provide a broader vendor base as applicable for the types of supplies/services covered by this document. If another potential source emerges, NSWC PHD will assess whether competition for future requirements is feasible.
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