A04 Contracting Limited Source 09.27 CO Signed.pdf

WHS-2026-2280

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

UNDER FEDERAL ACQUISITION REGULATION FAR SUBPART 6.103

1. AGENCY AND CONTRACTING ACTIVITY: The Department of War, Washington Headquarters Services, Acquisition Directorate, Defense Prisoner of War (POW)/Missing in Action (MIA) Accounting Agency (DPAA).

2. DESCRIPTION OF ACTION: This action requests approval for a Brand Name Justification for the procurement of NORBIT Multibeam system and associated mission-critical accessories. The Multibeam system provides sub-centimeter bathymetric data detecting and mapping seafloor objects to expedite the identification of possible loss incident-related material and aid in initial interpretation of those materials allowing for increased efficiency of intensive ground-truthing investigations that require remotely operated vehicles and/or divers.

A more detailed of the seafloor surface also allows for more accurate and detailed dive operation planning increasing the safety of personnel. WHS/AD proposes to issue a Firm Fixed Price (FFP) contract utilizing Fiscal Year (FY) 2026 Operations and Maintenance (O&M). The estimated value of this action is $350,000, which includes purchase, shipment, and training of the below items in section 3.

3. DESCRIPTION OF SUPPLIES/SERVICES: The DPAA has a requirement for the purchase brand name Norbit Multibeam, specifically the WINGHEAD X Elite along with accessories and comprehensive operator training. The Norbit Multibeam expands current capabilities by collecting data with a single device that previously took two devices to accomplish. This will greatly increase efficiency and effectiveness allowing investigation teams to scan more area in a given amount of time.

The contractor shall procure and deliver the following:

Item Quantity Part Number WINGHEAD X Elite 1 ELITE-WHX26003 Long Range –

WINGHEAD X

1 LR-WHX

AML SV Profiler – 500m

1 BASEX500-2

Mounting Pole – Carbon Fiber PORTUS

1 PORTUS

Portable DAC/DPC – NORBIT Ready

1 SURVCOMP

NORBIT Full 2 Day Training Package

1 751024

Item Quantity Part Number Shipping

4. AUTHORITY CITED: This action is under the procedures of Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) Part 12 under the authority of 10 U.S.C. 3204(a)(1) or 41 U.S.C. 3304(a)(1) as implemented by RFO 6.103-1(d), Only one responsible source and no other supplies or services will satisfy agency requirements” the use of brand-name descriptions, or specification of attributes peculiar to one manufacturer, prevents full and open competition and is justified and approved according to 6.104.

5. REASON FOR AUTHORITY CITED: The mission of the DPAA involves conducting underwater survey, search, and recovery operations to locate and identify lost military and incident-related material. To maximize the safety of dive personnel and optimize the efficiency of Remotely Operated Vehicles (ROVs), the agency requires sub-centimeter bathymetric data of the seafloor. Providing highly detailed seafloor modeling allows mission planners to conduct initial interpretation and execute high-precision dive/ROV paths without putting human lives at unnecessary risk during "blind" search phases. To achieve this, the agency requires a modern, high-resolution Multibeam system. The selected system must be highly portable, quickly deployable on small vessels of opportunity, and capable of delivering extremely high-resolution 3D bathymetry alongside concurrent water column and intensity data.

The market was evaluated for integrated, high-resolution multibeam systems. The NORBIT WINGHEAD X Elite was determined to be the only system capable of satisfying the agency's minimum engineering and operational requirements due to several proprietary and patented technical features.

10 U.S.C. 3204(a)(1) is applicable because NORBIT US, LTD is the sole domestic distributor of the proprietary, patented WINGHEAD X Elite multibeam system. No other manufacturer can license or reproduce this specific physical configuration, making NORBIT the only source capable of satisfying this requirement without the government incurring unacceptable technical risk and duplicative costs.

If this Limited source JOFOC is not approved, the agency will face severe mission degradation:

Safety Hazards: Without sub-centimeter 3D bathymetry, dive teams will lack detailed seabed topography, significantly increasing risk during dive planning and execution in hazardous underwater environments.

Operational Inefficiency: Field teams will be forced to continue utilizing multi-device configurations. This will double mobilization times, restrict operations to larger, less-maneuverable vessels, and limit the geographic area that can be scanned within critical operational windows.

6. EFFORTS TO OBTAIN COMPETITION:

A Notice of Intent to award a contract was published on the Government-wide Point of Entry (sam.gov). The notice detailed the specific requirement for the NORBIT WINGHEAD X Elite and solicited capability statements from any vendors who believed they could meet the government's needs.

The notice was open for a standard response period. By the closing date, the government received zero responses. This absence of industry interest serves as definitive confirmation of the market survey's findings: no other sources are available or capable of satisfying this unique requirement

FAIR AND REASONABLE COST DETERMINATION:

The Contracting Officer determines that the anticipated prices will be fair and reasonable by using the techniques identified at FAR 15.404-1 to ensure award will be at fair and reasonable prices.

Price reasonableness will be evaluated by comparing competitive quotes received in response to the solicitation against each other and against the Independent Government Cost Estimate (IGCE).

Certified Cost and Pricing Data will not be obtained, as the acquisition is for a commercial product that is sold in the open commercial marketplace.

MARKET RESEARCH:

Market research was conducted to identify potential sources capable of providing Norbit Multibeam Echo Equipment and Accessories that meet the agency's mandatory technical, operational standards. An initial search for historical awards was conducted on SAM.gov on September 23, 2026. This search targeted previous federal acquisitions for identical NORBIT systems and accessories, yielding four contract awards. In 100% of these cases, the acquiring agencies received only one offer and awarded directly to NORBIT US, LTD.

To verify if any qualified small business distributors or resellers could fulfill this requirement, a query of the SBA Dynamic Small Business Search (DSBS) database was performed on September 23, 2026, utilizing NAICS 334511 (Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing) and the keyword "NORBIT". This query returned only one (1) entry, Norbit US, LTD (cage: 6P4L8) further confirming a lack of competitive small business resellers registered to provide this proprietary equipment. We conducted additional market research on September 25, 2026, to identify any other potential authorized resellers. The Contracting Officer contacted four identified resellers. Duncan-Parnell, Inc. was the only reseller able to confirm that they cannot provide the exact part requested. The remaining three vendors (Universal Sonar Mount, Unique Group and STR (Subsea Technology)) did not respond to the request for information.

A Notice of Intent to Brand Name as posted to SAM.gov to allow a reasonable opportunity to respond in accordance with RFO 2.201 “solicitation notice” to ensure maximum transparency and meet Revolutionary FAR Overhaul standards. The government received no responses.

NORBIT is the industry leader in high-resolution, ultra-compact, and portable marine remote-sensing equipment specialized for deep-water and shallow-water survey missions. The system possesses unique, proprietary, and patented technical features—including integrated wideband multibeam sonar (iWBMS) curved array geometry and seamless integration with existing agency software and structural mounting hardware—that cannot be duplicated by other manufacturers.

While other manufacturers produce hydrographic sonar equipment, no other system can satisfy the agency's specific technical parameters without requiring costly, time-prohibitive re-engineering and recalibration of existing agency vessels. Consequently, the NORBIT system is determined to be the only product line capable of satisfying this requirement. To ensure fair opportunity and secure the best value for the Government, this brand-name requirement will be solicited as a limited-source competition among the manufacturer (NORBIT US, LTD.) and its authorized reseller network.

9. OTHER FACTS: Not applicable.

10. INTERESTED SOURCES: Not applicable.

11. ACTIONS TO INCREASE COMPETITION: For future requirements of similar products, the Government will consider alternative products if market research supports the fact that alternative products are 100% compatible with DPAA’s mission, and the alternative products provide additional benefits to the Government such as cost savings and/or performance efficiencies.

12. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

Yes. A copy of the previous justification is attached. The actions to remove any

No

Contracting Officer’s Representative/Program Office Date

APPROVAL

I, hereby, certify that the supporting data under my cognizance included in this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

JOSEPH.JEANELLE.12610729

Digitally signed by

JOSEPH.JEANELLE.1261072927

Date: 2026.09.27 12:50:25 -04'00'