Attachment C - Brand Name Justification - NWL Power Transformers.pdf

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS UNDER FEDERAL ACQUISITION REGULATION (FAR) 13.5

1. AGENCY AND CONTRACTING ACTIVITY:

The Contracting Activity is the United States Agency for Global Media (USAGM), Office of Contracts, 330 Independence Avenue SW, Washington, DC 20237. The requiring activity is the USAGM Kuwait

Transmitting Station (KTS), Kuwait.

2. DESCRIPTION OF ACTION:

The objective of this requirement is to procure two replacement power transformers manufactured by

NWL, Inc. for use at the Kuwait Transmitting Station (KTS):

• Power Transformer XD3 330 KVA (Part No. 38892) – Quantity: 1 Each

• Power Transformer XD3/550 KVA (Part No. 38752) – Quantity: 1 Each

The transformers are required to replace aging and degraded units supporting critical transmission equipment at the station.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The Kuwait Transmitting Station utilizes high-power transmission equipment that relies on specialized power transformers designed and manufactured by NWL, Inc. One of the transformers serving the KWT-A transmitter previously failed and was replaced with an older surplus transformer transferred from the USAGM Sri Lanka station. The replacement transformer is now experiencing severe overheating during operation, indicating internal degradation and an increased risk of failure.

To ensure safe, stable, and continuous operation of the transmission system, the station requires the procurement of the following replacement transformers:

• NWL Power Transformer XD3 330 KVA (Part No. 38892) – 1 Each

• NWL Power Transformer XD3/550 KVA (Part No. 38752) – 1 Each

These transformers are critical components of the transmission infrastructure and are required to restore equipment reliability and maintain operational readiness.

4. AUTHORITY CITED:

This action is under the procedures of Federal Acquisition Regulation (FAR) 13.5 under the authority of:

☒41 U.S.C. 1901, Simplified Acquisition Procedures

☐41 U.S.C. 1903, Special Emergency Procurement Authority

5. REASON FOR AUTHORITY CITED:

The Government requires NWL-manufactured transformers because the existing transmission system was originally designed and configured to operate with NWL transformers having the specified electrical and mechanical characteristics.

The requested transformers are direct replacement units for existing equipment and are required to ensure compatibility with the installed transmission system. The use of alternate manufacturers would introduce significant technical risk, including potential incompatibility with existing electrical interfaces, operational parameters, installation requirements, and system performance specifications.

The currently installed replacement transformer at KWT-A is exhibiting severe overheating during operation and is no longer considered reliable for continued service. Replacement with new NWL transformers is necessary to maintain system integrity, equipment reliability, and uninterrupted transmission operations.

The requirement is therefore restricted to NWL-manufactured transformers. However, competition will be sought among authorized distributors and resellers capable of supplying genuine NWL products.

6. EFFORTS TO OBTAIN COMPETITION:

Competition will be obtained among qualified vendors, distributors, and resellers capable of providing genuine NWL-manufactured transformers meeting the specified part numbers and technical requirements.

The Government will solicit quotations from multiple sources, where available, to ensure maximum practicable competition for the required NWL products.

7. FAIR AND REASONABLE COST DETERMINATION:

The Contracting Officer will determine price reasonableness through comparison of competitive quotations received from qualified vendors, historical procurement data, market research, and other price analysis techniques identified in FAR 15.404-1(b).

Certified Cost and Pricing Data will not be obtained.

8. MARKET RESEARCH:

Market research determined that NWL, Inc. is the original manufacturer of the required transformers and possesses the necessary design specifications and manufacturing capabilities for these specialized components.

The Government evaluated the requirement and determined that direct replacement with NWL transformers is necessary to ensure compatibility with the existing transmission infrastructure and to minimize operational and technical risks associated with alternative products.

9. ANY OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE:

Not Applicable.

11. INTERESTED SOURCES:

N/A

12. ACTIONS TO INCREASE COMPETITION:

The Government will continue to conduct market research and identify additional qualified distributors and resellers capable of supplying genuine NWL products. Future acquisitions will be reviewed to determine whether additional manufacturers or equivalent solutions become available that can meet the station's technical and operational requirements.

CERTIFICATION

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

Yowwana De Silva

Contracting Officer Representative/

Date

Contracting Officer Date