BNJustification_24_29Sep_Redacted(1).pdf

U.S. Department of Navy Naval Research Laboratory - Small Purchase Branch

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD – (exceeding $10,000 - $250,000)

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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

As required by FAR 13.106-3(b)(3)(i), this justification 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.

DESCRIPTION OF ITEM OR SERVICE: (Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.)

The Naval Research Laboratory (NRL), Code 1100 has a requirement to procure the following ID Photonics brand name parts:

- One (1) ID Photonics six (6) slot mainframe part number (P/N) CBMA24

- Four (4) ID Photonics CoBrite CBMX Laser Card P/N CBMX-SC-SC-SC-SC-FA

- One (1) ID Photonics 19 Inch Rack Mount P/N MUX-16-CC-RM-BH-FA.

These parts will be used to construct a photonic beamformer as part of a deliverable on a current ARAP Seedling effort. The required delivery date is November 25, 2022.

THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ONLY ONE RESPONSIBLE 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. (Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.)

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. (Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM).

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one

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

The ID Photonics mainframe system being procured is the only commercially available system that can meet the Government’s minimum performance specifications. The Government needs 16 channel, ITU-grid spaced laser at 200GHz spacing. The lasers need to be in a 19” rack and offer swappable cards with 4 lasers per card. In addition, the laser cards will need to be remotely controlled along with a graphic user interface. The lasers will need to tune offer a +/- 10GHz tuning range with fine resolution tuning of 10MHz, at least +17dBm output power, and a linewidth of <100kHzD. Due to the fact that the MUX-16-CC-RM-BH-FA is of a custom design for this photonic beamformer application. The custom nature of this part requires that it will only function correctly with the other two part numbers listed above.

These parts cannot be directly sourced from ID Photonics, as the company only utilizes authorized distributors to purchase products within the Continental United States.

C. UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: (Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.).

4. If appropriate, include any additional pertinent information.

ACQUISITION INITIATOR - 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.

SIGNATURE(Requestor) Joseph Singley CODE PHONE DATE

CONTRACTING OFFICER (Procurement Office use Only)

On the basis of the justification, I hereby approve the use of an other than full and open competition proposed contractual action in accordance with FAR 13.106-1(b)(1) Soliciting Competition from a Single Source.

SIGNATURE Brandon Zellers, Contracting Officer CODE PHONE DATE