4.02 BN J&A Redacted.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION SAT

1. Identification of Agency and Contracting Activity

The Requiring Office is the Navy's Office of the Judge Advocate General (OJAG):

OJAG; Commander, Naval Legal Service Command (CNLSC) Region Legal Service Office Southwest (SW) 3395 Sturtevant St, Suite 201 San Diego, CA 92134

The Contracting Activity is Naval Supply Systems Command (NAVSUP) Fleet Logistics Center San Diego (FLCSD):

NAVSUP FLCSD

Regional Contract DEPT. Code 230 3985 Cummings RD San Diego, CA 92136 4201

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

The Region Legal Service Office Southwest in Naval Station San Diego requires Simplex cipher locks (along with their supporting lock parts, wires, and connectors), and the in Simplex cipher locks.

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

The contractor shall provide Simplex brand locks and install them at certain locations at the Region Legal Service Office (RLSO) Southwest, BLDG. 56: 3395 Sturtevant St., Suite

CA 92134.

The locks must adhere to the following specifications:

1. Qty Four (4) Simplex LL1020 Cylindrical Lever Lock Manual Push Button 26D, one each at doors 1, 4, 10, & 11

2. Qty Eight (8) Simplex ET Trim, Panic Exit Device Exterior Manual Push Button Trim 26D, one each at doors 3,12,14,15,16,17,18,22

3. Qty Five (5) Alarm Lock DL1300ET Narrow Style Push Button Coded Lock 157015, one each at doors 2, 13, 19, 20, & 21

4. Qty Two (2) Simplex Mortice Push Button Lock 26D at doors 8 & 9

5. Qty Two (2) HES 5000C Electric Strike 26D at doors 10 & 11

6. Qty One (1) Marks M9900 Panic exit device 26D for door 12

The door "numberings" above refer to locations in the Floor Plan, which is attached to the Statement of Requirement (SOR); the Floor Plan is a diagram of how the building lo

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

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

J&A #:

41 U.S.C. 1903 as implemented by FAR 13.106-1(b)(1)(ii) Brand Name

Additional Information Regarding Statutory Authority if Applicable

None.

Control Number:

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, the estimated cost/price, and the required d date/period of performance

Description of Item/Service: The contractor shall provide Simplex-brand locks and install them at certain locations at the Region Legal Service Office (RLSO) Southwest, BLD Sturtevant St., Suite 201, San Diego, CA 92134.

Intended Use: The current Access Control System (ACS) at RLSO Southwest, controlled by System Galaxy 10 SG 10.4, is installed on an outdated server and runs on an operat is no longer supported. This has caused significant system degradation, making it unknown when the system end-of-life will occur. In preparation for such end-of-life, and to secure facility, the installation of Simplex cipher locks is desired.

Name of brand-name: Simplex

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

A. ONLY ONE RESPONSIBLE SOURCE No

1. Restrictive Rights The source has established proprietary rights, limited rights in data, patent rights, copyright processes in the item or service required.

2. Exclusive Licensing Agreements The item or service is only available from the Original Equipment Manufacturer (OEM), or th authorized distributor or technical representative for the OEM.

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

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 ma 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" purc 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, o modified to meet, the agency's needs

The Simplex-brand locks is the only brand that has a mechanical lever operated back with a single-access combination that is programmed via the keypad, w the lock from the door, ensuring maximum efficiency while maintaining security. The "single-access combination" feature makes it easy to manage a lock co users, as the lock is easily programmed via the keypad. Moreover, Simplex contains their unique "key override" feature with small and large format interchan options that allow entry through doors by keys of different types of configurations. Furthermore, Simplex is one of the few brands of locks that have received American National Standards Institute (ANSI) grade level rating of Grade 1. Grade 1 means that the locks provide the highest level of security and durability high traffic buildings. This rating was assigned to Simplex based on rigorous testing standards developed by the ANSI that the Simplex locks were able to m categories of Operational, Cycle, Strength, Security, Material, Evaluation, and Finish. Simplex is the sole brand that possesses the combination of all these uni this combination is essential for the Government to have because it ensures maximum security (thanks to the ANSI Grade 1 rating), while still providing versa locks are used; this versatility enables the Government to have more options when passing through the doors with these locks, which is helpful in emergency as when personnel and/or guests need to quickly enter or escape from a certain area, or when personnel forget their keys. Failure to contain all these feature potentially compromise security and may lead to a quicker "wear and tear" of the legal office's security system, resulting in the need to purchase additional l alternate security systems at a faster rate. Therefore, the criteria at FAR 13.106 1(b)(1)(ii) is met, because the particular brand name of "Simplex" is essential t Government's requirements.

The Simplex brand is required in order to maintain consistency of mechanical lock installation throughout the OJAG enterprise. The required brand of locks m compatible in all aspects (form, fit, and function) with existing Simplex systems that are presently installed and performing at all OJAG locations. All Navy Leg use this particular lock series, ensuring the ability of onsite OJAG security personnel to troubleshoot or change codes in case there are issues with the locks.

readiness to repair and replace failed locks in the future. This will be instrumental in streamlining the type of locks used, the training in changing and mainta as having the capability of maintaining a stock to change out inoperative locks. Changing to a different brand would cause the Government to waste money outside vendors (who are experienced with those different brands) for every lock change or code change that is needed in the future, since OJAG personnel training nor materials to debug locks of other brands. Moreover, OJAG's current stock of replacement locks and their supporting parts and connectors would since they would not be compatible with a new brand of locks in case the Government decides to allow for any other brand besides Simplex.

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 num 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 process 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 follo

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

1. Date on which the requirement was first identified:

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, an circumstances or conditions that exist which validate the requirement as "urgent," estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information:

CERTIFICATIONS/APPROVALS:

TECHNICAL CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Exception to Fair Opportunity and its supporting acquisition planning documents noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance

I certify that the facts and representations under my cognizance which are included in this Exception to Fair Opportunity and its supporting acquisition planning documents noted herein, are complete and accurate to the best of my knowledge and belief.

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