Brand Name Justification dag_08142026.pdf

Brand Name/Sole Source Justification under $350K

PID Number: TBD

Department: N Department

Company Name/Brand: NOVA POWER SOLUTION

Description of Product, Supplies or Services required to meet the agency’s needs:

Procurement of (P/N: UPS1-2.4K-1G-SRNSL-P2E) high-performance, ruggedized Uninterruptible Power Supply (UPS) manufactured by NOVA Power Solutions.

Identification of Justification Rationale:

The Material or service must be compatible with aspects (Form, Fit, and Function) with existing systems presently installed.

A patent, copyright, proprietary data, or licensing agreement limits competition.

These are “direct replacement(s)” parts/components for existing equipment.

Urgency.

Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 3204(a)(1). Insert the title of the authority IAW FAR 6.303-2(b)(4).

Identification of the Justification Rationale Explained: **If using form, fit, and function, describe the current equipment and how the new item/service must coordinate or interface.

**If using patent, copyright, proprietary data, describe the proprietary data. **If using direct replacement, describe this below.

The form, fit, function rationale applies because procuring alternative parts would result in unacceptable mission delays and a substantial duplication of cost to the Government that cannot be recovered through competition. The requested parts have already successfully completed Environmental Qualification Testing (EQT) for prior projects, and the Technical Warrant Holder has formally extended this authorization for immediate use on SCD 29443.

Utilizing any alternative parts would mandate initiating a new EQT cycle. This redundant testing process is estimated to delay the project schedule by up to two years and would incur significant, unbudgeted testing costs. Therefore, to meet critical schedule requirements and avoid duplicative expenditures, this procurement must be restricted to the specified EQT-approved parts.

Specific Characteristics of the Item or Service required that Limit the Availability to a Sole Source or Brand Name: **This is the most important section. Explain in detail why this company or brand are the only ones that can meet the requirement.

Procuring an unproven alternative part would necessitate a redundant technical certification cycle for SCD 29443, costing the Government an estimated $258,234.00 (inclusive of Design, EMI, and EQT). Furthermore, integrating a component that is not a direct Form, Fit, and Function (FFF) replacement would drive sweeping downstream engineering and logistics costs. Requalifying a new unit would mandate Engineering Change Proposals (ECPs), drawing revisions, 3D modeling and provisioning impacts, as well as comprehensive updates to Operating Instructions, Technical Manuals, and Interactive Electronic Technical Manuals (IETMs). By leveraging the OEM components already authorized by the Technical Warrant Holder, the Government effectively avoids these unquantifiable but massive duplicative costs and a projected two-year schedule delay, ensuring the procurement represents the absolute best value to the Government.

Market Research Conducted:

Market research was conducted to assess product compatibility, availability, and pricing.

Despite extensive outreach, market research confirmed that NOVA Power Solutions is the only capable Original Equipment Manufacturer (OEM) for the required EQT-tested parts.

Specific efforts to solicit offers included:

Mandatory Sources: Mandatory sources including UNICOR, AbilityOne, National Industries for the Blind (NIB), and GSA Advantage were reviewed; all yielded "no bid" responses.

Broad Industry Solicitation: A bid request was issued via the NASA SEWP vehicle, reaching 127 companies. All 127 vendors responded with a "no bid." A GSA eBuy request was also sent out to 638 contracted vendors. NOVA POWER SOLUTIONS produced the most cost effective response received.

Statement of Actions, if any to Remove Barriers to Competition in the Future:

NSWC PHD Contracts Office will continue to conduct market research as warranted to provide a broader vendor base as applicable for the types of supplies/services covered by this document. If another potential source emerges, NSWC PHD will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Print) and Title (Code) Phone No. Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Signature: Dr. David Greaves