Att_02_Sole_Source_Justification_Redacted.pdf

MEMORANDUM TO THE FILE

SUBJECT: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND

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.

II. DESCRIPTION OF ITEM OR SERVICE

Manufacturer or Service Provider: ___________________________________________________

Point of Contact:

Street: _________________________________________________________________________

City: _______________________ State: ________________ Zip Code: ________________

Dealer Representative (if applicable): ________________________________________________

Point of Contact: __________________________ Phone Number: ________________________

Street: _________________________________________________________________________

City: _______________________ State: ________________ Zip Code: ________________

Estimated Cost:

Required Delivery Date or Period of Performance: _________________________

Provide a description of the item or service required, to include its intended use. If applicable, provide manufacturer part number.

Instruments Inc

7263 Engineer Rd, Suite G San Diego CA 92111

06/30/2025

This requirement is to procure the brand name “Instruments Inc”, Manufacturer Part #B155001-02, Model S16-4LF Low Frequency Power Amplifier, with seismic rack option, quantity of one (1). This is in support of the Naval Postgraduate School (NPS) during at sea experiments, and will serve as a back up to an existing amplifier current in use, if the current one were to become inoperable.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING: (select all that apply):

A. ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. RESTRICTIVE RIGHTS

The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

2. EXCLUSIVE LICENSING AGREEMENTS

The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Explain the circumstances surrounding why the item or service is only available from the manufacturer or service provider.

OR

Provide evidence of the exclusive licensing agreement as an attachment to this document.

NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank.

3. OTHER REASONS

Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. BRAND NAME

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.

Instruments Inc is the sole manufacturer and seller of this amplifier and their products. Instrument’s Inc has stated that there are other companies that sell their products, however Instrument’s Inc does not consider them authorized resellers. Without this brand name amplifier, it will negatively impact NPS because the absence of the transformer will prohibit accurate measurements with sufficient high sound power at low frequencies.

NPS currently is using an identical amplifier and requires an additional one in case the current one becomes inoperable. The power amp is remotely controlled and operated, Thus, its form, fit, and function must be compatible to for integration and the integrity of the existing equipment’s operational use. To replace the existing configuration to another system would be extremely cost and time prohibitive since this is a unique and custom design:

(1) Form and Fit: This power amplifier (PA) is designed to allow for our control equipment to be housed in the same rack mount. This requirement addresses space constraints imposed by Research Vessels and the PMRF Cal Lab where the identical PA is located at.

(2) Function: The amplifier specifically is designed to offer unique controls and health feedback to our control equipment. Unique Low Voltage Transistor-transistor logic Digital Input/Output controls include a gate such that the PA is in 'sleep-mode' when not in use; a transformer selector logic as a safety feature to limit accidentally transmission at higher voltage; sending ON/OFF commands to its power supply. Remote health monitoring include blown fuse, over temp/voltage/current, AC/DC available, and emergency stop activated. The PA also includes an emergency stop button on the front panel.

(3) Calibration/Function: The previously purchased amplifier is calibrated with our equipment to drive a Low Frequency acoustic source at precise levels. Since this is a unique electric circuit, a different amplifier requires extensive on-site re-testing and re-calibration to reduce the risk of damaging the acoustic source (e.g., by accidentally exciting the source at undesirable frequencies corresponding to structural modes).

We are not aware of a similar product offered by a different manufacturer which could be modified to fit our requirements without incurring significant cost and time. The brand name “Instruments Inc” (II) is justified because they are the manufacturer and sole seller of their own products, although over companies sell their products II does not consider them authorized resellers.

C. UNUSUAL AND COMPELLING URGENCY

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 number of sources 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 processing time would 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 following:

1. Date on which the requirement was first identified: _______________________________

2. 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, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

3. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS

A. Technical / Requirements Certification (Requiring Activity):

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. Approval (Contracting Activity):