B03 NSWCCD Sole Source-Brand Name Justification Under SAT lotto_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 861

TO: Code 02

SUBJECT: SOLE SOURCE JUSTIFICATION FOR PHINS 4 SURFACE

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) The Naval Surface Warfare Center, Carderock Division (NSWCCD) Code 861 intends to pay for a PHINS 4 SURFACE: an Inertial Navigation System (INS) providing position, true heading, attitude, speed, depth, and heave. Its high accuracy inertial measurement unit is based on Exail Defense Systems’ Fiber-Optic Gyroscope (FOG) technology coupled with an embedded digital signal processor that runs an advanced Kalman filter. The device is used in existing TEMPALTS to interface with ship systems on various classes of government vessels.

Exail Defense Systems is the only manufacturer or reseller of this unit and there for is the only company that it can be purchased from. Using another company would require a design and engineering costs previously incurred in prior years.

MANUFACTURER: Exail Defense Systems, Inc.

ADDRESS: 27 Wellington Road

Lincoln, RI 02865 USA

PHONE: +1 (508) 661-9448

POC: Tom Magno

Estimated delivery date: July 01, 2024. E

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.

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, Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Exail Defense Systems is the manufacturer of a PHINS 4 SURFACE which utilizes a patented processing technology to allow for superior data collection and accuracy. NSWC currently uses Exail Defense Systems PHINS 4 SURFACE, and this system will be added to the existing inventory of PHINS 4 SURFACE’s and sensor/electronic sets. The PHINS 4 SURFACE is required as it is the only system compatible with the existing data collection systems and approved software.

3. Other Reasons:

Due to the unique design of this specific PHINS 4 SURFACE or and complex performance requirements, using a different vendor would significantly increase the service time to meet the program-testing schedule this winter.

If we use a different vendor, the government will incur an estimated $152,000.00 in material and training costs to retrain our Engineers.

The existing PHINS 4 SURFACE already has successfully passed the TEMPALT process. A new INS would require a new TEMPALT certification.

Therefore, in accordance with FAR 13.106-1(b) the contracting officer has determined that the circumstances of this contract action deem only one manufacturer to be reasonably available.

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, 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: 2024.05.07 11:50:44 -04'00'