A27 BNJ Redacted.docx

26 April 2022

MEMORANDUM

Subj: BRAND NAME JUSTIFICATION TO ACQUIRE ESE INCORPOATED TIME CODE GENERATOR COMPONENTS (Purchase Request 1301001875)

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Brand Name Justification.”

This is a brand name justification. Contracting activity is the Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001 (Contracts Department Code 02).

2. Nature and/or description of the action being approved.

This action will award a firm fixed price purchase order, on a brand specific basis, to acquire ESC brand time code generator components to support the test pool platform at the Navy Experimental Dive Unit (NEDU). Competition will be limited to authorized distributors of ESC Incorporated brand components.

3. A description of the supplies or services required to meet the agency’s needs. (including the estimated value). The contract effort is to acquire the following:

This acquisition will be conducted using simplified acquisition procedures with a total estimated value of $12,635.00. The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements. This purchase will be funded with FY2022 Operation and Maintenance, Navy (OMN) funds. Funding is to support procurement of equipment for upgrading hyperbaric test equipment, facilities atmospheric control, life support and physiological systems.

4. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

10 U.S.C. 2304(c)(1), 10 U.S.C. 2304(d)(1)(B). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements FAR 6.302-1(a)(2)(iii)(B).

NEDU currently uses ESE Incorporated Time Code Generator (TCG) components at the Test Pool Platform and throughout the command to manage data acquisition time keeping of various systems in support of time sensitive biomedical research studies that are currently underway. If another brand of components were selected, it may not integrate into with the existing equipment, thus introducing risk to the project schedule and success. Having to replace the current ESE products would require numerous hours to reconfigure, re-wire, and then test the replacements. When adding in the added down time of the test facility it is not justifiable to replace the ESE components at this time. As such, the Government does not expect significant savings through competition and does expect significant and unacceptable delays that will negatively impact this requirement. Therefore, it is in the Governments’ best interest to acquire the ESE Inc. brand.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b).

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

For the reasons specified in paragraph 4 above, ESE is the only brand of equipment that can meet the Government’s needs. This requirement will not be synopsized in the government point of entry SAM.gov because it is estimated less than $25,000.00.

7. Any other facts supporting the justification.

None

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

As stated in paragraph 4 above, ESE Incorporated is the only brand of equipment that can meet the Government’s needs.

Signature Page follows.