B03 NSWCCD Sole Source-Brand Name Justification 1_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

MEMORANDUM FOR FILE

FROM: Shahram Kazemzadehmarand, CODE: 663

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. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and 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.

3. 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.

4. 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)

PCB Piezotronics of North Carolina, will provide the 7270A-200 K accelerometers for the purpose of UNDEX Data acquisition for tests to be conducted by code 663.

MANUFACTURER: PCB Piezotronics of North Carolina, Inc.

ADDRESS: 10869 NC Highway 903 Halifax, NC 27839 PHONE: 866-363-3826, Fax# 716-684-0987 POC: www.endevco.com

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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

A. BRAND NAME:

Item required must be a brand name product, NSWCCD Code 663 performs research and development in the areas of underwater explosions (UNDEX). In an upcoming UNDEX test series, because of very high impact 7270A-200 K will have to be used to validate and correlate with previous similar transducers manufactured by PCB/Endevco. 7270A-200 K allows Code 663 to measure g levels of up to 100 K. Code 663 has invested a considerable dollar amount in total as of date) in building the corresponding gage foundations that are specifically made to fit the bolt pattern of 7270A transducers. These are unique transducers that have been developed for a high impact dynamic measurements and not many other manufacturers have the same products if any. Going with a different product/manufacturer will adversely affect code 663’s technical capability and its edge in the UNDEX testing environment, also a new effort and expense will have to be considered in designing and building foundations for any other gage from a different brand. 7270A-200 k has been used in different UNDEX tests and has a proven track record in its performance.

The objective of this contract is to procure a dozen Piezo resistive 7270A-200 K accelerometers in support of multiple UNDEX test series to be performed by Code 663.

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: If a different transducer is provided, Code 663 would need to retest to transducer to verify the performance of the transducer, redesign the foundation and confirm it can support all of the equipment in the test series. The cost impact of the rework cannot be measured, but it would be significant and would delay scheduled testing.

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, 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):

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, 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.

Contracting Officer Signature Name / Title / Phone Date

MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Digitally signed by MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Date: 2023.12.26 09:00:08 -05'00'