Attachment 3-Brand Name Justification FY24-16.pdf

J&A Number: FY24-16

NNSY Code 411

BRAND NAME JUSTIFICATION AND APPROVAL

UNDER FAR 13.5

1. Contracting Activity

Naval Sea Systems Command (NAVSEA), Norfolk Naval Shipyard (NNSY), Code 400 Contracts

Department, Portsmouth VA.

2. Description of the Action Being Approved

Award of a firm fixed price contract on a brand name basis for National Instruments Corporation RTD Input and DMM

Modules, and Quad Core Versions and Mid-Range Controllers to support Carrier A4W Plant Testing on board the USS

Gerald R Ford, CVN 78.

3. Description of the Supplies/Services

NNSY C2330 requires the procurement of a total of eighteen (18) RTD INPUT MODULES, eighteen (18) DMM

MODULES, ten (10) QUAD CORE VERSION CONTROLLERS and eight (8) MID RANGE CONTROLLERS, to support Carrier A4W Plant Testing on board the USS Gerald R Ford, CVN 78. The purchase of the required brand name item will assure compatibility with current National Instruments software already in use by C2330 for testing and troubleshooting A4W indications and controls. This equipment is needed to support critical path operations.

The total Independent Government Estimate (IGE) for this requirement is $375,100.00. Item 3318ZN01, RTD INPUT

MODULE is estimated to cost approximately $4,600.00 each. Item 3318ZN02, DMM MODULE is estimated to cost approximately $6,500.00 each. Item 3318ZN03, QUAD CORE VERSION CONTROLLER is estimated to cost approximately 11,450.00 each. Item 3318ZN04, MID RANGE CONTROLLER is estimated to cost approximately

$7,600.00 each. Operation and Maintenance, Navy (OM&N) funds will be used for this procurement.

The anticipated delivery for these four (4) items is 50-85 business days from the acceptance of the contract.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting a Brand Name Acquisition

41 U.S.C 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.5 - Simplified Procedures for

Certain Commercial Items.

5. Rationale Justifying Use of Cited Statutory Authority

To better serve its customers, National Instruments has partnered with distributors such as Testforce USA Inc. and

Newark to help connect customers with experts in their area to acquire products that meet the agency’s needs. Testing enclosures utilizing the requested brand name items are needed to support testing/troubleshooting of all carrier A4W plants throughout the fleet. No other parts were found to be sufficient for compatibility with the ship’s equipment needed to interface with. This equipment is used for temporary instrumentation that requires NAVSEA 08 approval. Part of that approval is the manufacturer evaluation as acceptable, compliant, & secure. Deviation from the manufacturer would potentially invalidate the overall system approval for use. There are no other manufacturers capable of supplying the necessary equipment, and the OEM or its authorized distributors must be utilized.

Item 3318ZN01, RTD INPUT MODULES, is required to perform Carrier A4W Plant Testing. This part has already been tested and validated as acceptable for use. Purchase of separate components (even if it was the same part number from a different manufacturer) would require retesting and validation by engineering and production to ensure system response. No other parts were found to be sufficient for compatibility with the ship’s equipment needed to interface with. Additionally, it is selected for its compatibility with national instruments software already in use by C2330 throughout the shipyard. The equipment requested is required to maintain compatibility with existing systems and is compatible with software drivers already in use at the shipyard. Requested brand name replacement with similar but nonstandard (different brand) equipment presents the potential for inconsistency in the application, both operation and training which increases the likelihood of adverse impact to the command.

This item has a national stock number (NSN) of 9B-5998-01-690-0674. This item is no longer supported by the Naval Stock System. This item was previously procured on requisition 2210ZN09, Contract

N4215822PE243, and awarded to the Original Equipment Manufacturer, National Instruments

Corporation.

Item 3318ZN02, DMM Module, is required to perform Carrier A4W Plant Testing. This part has already been tested and validated as acceptable for use. Purchase of separate components (even if it was the same part number from a different manufacturer) would require retesting and validation by engineering and production to ensure system response. No other parts were found to be sufficient for compatibility with the ship’s equipment needed to interface with. Additionally, it is selected for its compatibility with national instruments software already in use by C2330 throughout the shipyard. The equipment requested is required to maintain compatibility with existing systems and is compatible with software drivers already in use at the shipyard. Requested brand name replacement with similar but nonstandard (different brand) equipment presents the potential for inconsistency in the application, both operation and training which increases the likelihood of adverse impact to the command.

This item has a NSN of 9B-6625-01-686-1830. This item is no longer supported by the Naval Stock

System. This item has an Acquisition Method Code (AMC) = 3. AMC 3 states “Acquire directly from the manufacturer, whether or not the prime contractor is the actual manufacturer. This item was previously procured on requisition 2210ZN12, Contract N4215822PE243, and awarded to the Original

Equipment Manufacturer, National Instruments Corporation.

Item 3318ZN03, Controller, Quad Core Version, is required to perform Carrier A4W Plant Testing.

Purchase of separate components (even if it was the same part number from a different manufacturer) would require retesting and validation by engineering and production to ensure system response. No other parts exist to be sufficient for compatibility with the ship’s equipment needed to interface with.

Additionally, it is selected for its compatibility with national instruments software already in use by

C2330 throughout the shipyard. The equipment requested is required to maintain compatibility with existing systems and is compatible with software drivers already in use at the shipyard. Requested brand name replacement with similar but nonstandard (different brand) equipment presents the potential for inconsistency in the application, both operation and training which increases the likelihood of adverse impact to the command.

Item 3318ZN04, Mid-Range Controller, is required to perform Carrier A4W Plant Testing. Purchase of separate components (even if it was the same part number from a different manufacturer) would require retesting and validation by engineering and production to ensure system response. No other parts were found to be sufficient for compatibility with the ship’s equipment needed to interface with. Additionally, it is selected for its compatibility with national instruments software already in use by C2330 throughout the shipyard. The equipment requested is required to maintain compatibility with existing systems and is compatible with software drivers already in use at the shipyard. Requested brand name replacement with similar but nonstandard (different brand) equipment presents the potential for inconsistency in the application, both operation and training which increases the likelihood of adverse impact to the command.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

The requirement for the brand name controllers and modules will be posted as a combined synopsis to the www.sam.gov website on an unrestricted basis, in accordance with FAR 12.603. No other manufacturers will be considered. No additional market research will be conducted because it is not practical, for the reasons discussed in paragraph 5 above, as National Instruments or its authorized distributors are the only qualified sources that can fulfill this requirement. Pursuant to FAR 13.501(a)(1)(iv), this brand name justification will be made publicly available with the solicitation, in accordance with 5.102(a)(6).

7. Determination for Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated price(s) will be fair and reasonable based on prior history for the same/similar brand name items procured under Purchase Order N4215823PE243, which was sole sourced to

National Instruments Corporation as the Original Equipment Manufacturer (OEM) at similar anticipated costs that were determined fair and reasonable. The Contracting Officer will determine the final price to be fair and reasonable in accordance with FAR 13.106-3.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NNSY has no plans at this time to compete future requirements for the types of supplies covered by this document. If another potential source emerges, NNSY will assess whether competition for future requirements is feasible.

http://www.sam.gov/

CERTIFICATIONS AND APPROVALS

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL/REQUIREMENTS COGNIZANCE:

Todd Holt, C2305 Nuclear Engineer Technician Date

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

W. Ryan James, C107 Legal Counsel Date

CONTRACTING OFFICER CERTIFICATION/APPROVAL

I certify that this justification is accurate and complete to the best of my knowledge and belief. Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein.

Chad Godwin, C411 Branch Manager Date