Brand Name Justification (BNJ) - Redacted.pdf

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BRAND NAME JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901)

PR – NWWG1300-20-00491

1. Agency and contracting activity.

Department of Commerce, NOAA Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) and the National Weather Service (NWS), Radar Operation Center (ROC).

2. Nature and/or description of the action being approved.

This is a brand-name justification for a new requirement for high-speed fiber optic switches and light distribution boxes. The relevant Purchase Request number is NWWG1300-20-00491 for this requirement. The Government anticipates to award as a firm-fixed price (FFP) contract using full and open competition.

3. Description of supplies or services required to meet the agency’s needs (including the total estimated value).

The purpose of this requirement is to purchase initial spares for the High Energy Semiconductor Switch used in the Line Modulator circuitry of the transmitter within the NEXRAD Weather Surveillance Radar WSR-88D. The switch, when triggered to the “On” state, discharges the Pulse Forming Network within the modulator which has previously been charged to 5200 Volts maximum. The large current which results brings a Klystron into conduction. The ABB Switch and light distribution boxes have been installed across the fleet, and the National Weather Service (NWS) now has a need for spare switches and light distribution boxes.

The NWS has a need for 15 high speed fiber optic switches and light distribution boxes manufactured by ABB Switzerland, LTD, with the following part numbers

• Pulse Power Switch Assembly – ABB Part Number 5SVC 032708E0130

• Light Distribution Box – ABB Part Number 5SVB 020408T0130

The required switches and boxes are required to be delivered within 60 days after receipt of the order.

4. Statutory authority permitting the sole source (including brand name) acquisition.

☒ 41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a brand name as supported below:

The NWS has a need to purchase initial spares for the High Energy Semiconductor Switch used in the Line Modulator circuitry of the transmitter within the NEXRAD Weather Surveillance Radar WSR-88D. The switch, when triggered to the “On” state, discharges the Pulse Forming Network within the modulator which has previously been charged to 5200 Volts maximum. The large current which results brings a Klystron into conduction.

PR NWWG1300-20-00491

An Engineering Change Proposal (ECP) for SCR Modulator Redesign was initiated in 2009 to explore the concept of implementing a high-speed fiber optic switch in the WSR-88D modulator. A switch manufactured by ABB Switzerland, LTD that met all the requirements was selected for implementation as part of this project. In 2010, the NWS ROC installed the ABB switch into 4 operational radars designated as beta test sites. Once the switches has been operating reliably for a sufficient amount of time, the NWS funded a fleet-wide implementation of the high-speed fiber optic switches and light distribution boxes from 2015- 2016. The high-speed fiber optic switches and light distribution boxes have been deployed and installed and are operating reliably. The NWS now needs to purchase initial spares to support field replacement of the switches and boxes.

At this time, there have been no “equal” products identified and no vendors have submitted information for “equal” products.

It is not possible for this requirement to be solicited as “brand-name or equal” because there are extensive testing requirements that must be performed to determine a product’s compatibility. This testing takes months to complete and would need to be done prior to release of a solicitation, as inclusion of the testing period into the contract for an “equal” product would not be feasible in the delivery timeline required. The inclusion of the testing period also creates substantial delivery time line differences between the “brand-name” items and the “equal” items.

Finally, at this time, there have not been any “similar” products identified that could be modified.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

The NWS had a desire to find additional sources that could manufacture adequate switches and light distribution boxes. As such and in accordance with FAR 5.2, a sources sought notice was posted on beta.SAM.gov on June 19, 2020 in search of vendors who could provide equal products. The response deadline was July 9, 2020; however, no responses were received.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated prices will be fair and reasonable based on competitive quotes, if more than one quote is received, in accordance with FAR 13.106-3(a)(1). If only one quote is received, the prices will be compared to the IGCE, which takes into consideration the historical prices paid for the items, in accordance with FAR 13.106-3(a)(2)(vi).

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

A sources sought notice was posted on beta.SAM.gov on June 19, 2020 with a response deadline of July 9, 2020. The notice returned no responses.

Additionally, the brand-name items are manufactured by ABB Switzerland, LTD, in Switzerland. As such, the products are deemed to be manufactured by an “other than small” business. In order to set aside this requirement for small businesses, there must be a non-manufacturing rule class waiver for the associated NAICS code. There is not currently a

PR NWWG1300-20-00491

waiver for the associated NAICS code; therefore, the requirement cannot be set-aside for small businesses and must utilize full and open competition.

A copy of the market research report can be found in the file.

9. Any other facts supporting the use of a sole source (including brand name), such as:

All supporting facts have been documented herein.

10. List of the sources that expressed a written interest in the acquisition.

No sources responded to the sources sought notice expressing interest or adequate products/capabilities.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Additional sources sought notices will be published in the future to attempt to find sources that can manufacture compatible items. If sources can be identified, the Government will work to test products for compatibility or possible modifications before procuring additional units.