B03 NSWCCD Oculus SSJ_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective November 2023

MEMORANDUM FOR FILE

FROM: Jennifer M. Garcia Rodriguez

CODE: 613

TO: Code 02 SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

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.

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.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address) Current remotely operated vehicle (ROV) capability in Code 613 is based on VideoRay systems. We currently possess Pro 4 and Pro 5 ROV systems. VideoRay have integrated several imaging sonar systems to be capable of interfacing with the Pro 5 system, especially the hardware interface, but also testing to determine compatibility of the software used to operate the system. They have quoted for imaging sonar hardware (OCULUS 750D), hardware necessary for integration into the Pro 5 system and updated software that integrates fully into our newest VideoRay Pro 5 system; including delivery.

The required delivery date of this equipment is .

The OCULUS 750D is available from multiple sources, but purchasing this from VideoRay ensures

-of-the- and full system compatibility with our existing hardware leveraging the ~ system we already possess.

MANUFACTURER: VideoRay ADDRESS: 212 East High St., Pottstown, Pennsylvania 19464

PHONE: 941-728-9853

POC: Sam Schmitt

Estimated Total Price (including options if applicable):

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

A. BRAND NAME: Item required must be a brand name product, or feature of a product, particular to one manufacturer.

VideoRay offers the OCULUS 750D imaging sonar system, including the hardware that integrates this sonar with our current equipment, a remotely operated vehicle (ROV) Pro 5. Therefore, VideoRay, being capable of providing the imaging sonar system and the necessary hardware for integrating that imaging sonar with our current equipment, is the supplier of choice. The OCULUS brand of imaging sonar, of which there are several varieties and available from multiple sources, is not the important part of this system. The important part of this system is that VideoRay can supply imaging sonar that is integrated, out-of-the-box, into their equipment.

Without this capability there may be missions we cannot support, because imaging sonar will allow us to work under challenging conditions of low visibility.

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.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

3. Other Reasons:

B. SOLE 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.

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.

3. Other Reasons:

C. LIMITED SOURCE (FAR 8.405-6):

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

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.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

3. Other Reasons:

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: 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.

Customer/Requestor Signature Name / Title / Phone Date

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date