brand name justification.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

SUBJECT: Brand Name 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. 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

The Onboard Tracking & Acoustic Vibration Systems Branch, Code 732 of the Naval Surface Warfare Center requires QTY. 12 AETECHRON 7224 amplifiers to drive MA200 shakers for NNL Bettis laboratory testing. Required delivery date is 5 APR 2024.

MANUFACTURER: AE TECHRON

ADDRESS: 2507 Warren St., Elkhart, IN 46516

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: This amplifier has been previously purchased and used in various applications and has a proven track record of reliability, suitability, and sustainability for our specific needs. This history of past purchases and usage in diverse applications reduces the need for frequent replacements and repairs. Furthermore, its compliance with industry standards ensures compatibility with existing infrastructure and equipment, minimizing additional costs, time and effort associated with upgrades or modifications.

Additionally, the precise frequency response of the AE Techron amps, with a deviation of only +1.0 to -1.5dB from DC to 300kHz at 1 watt guarantees accurate signal reproduction with a wide frequency range, critical for our applications requiring fidelity across various frequencies. The low distortion levels, with a total harmonic distortion of less than 0.1% from DC to 30kHz, ensure minimized error rates, maintaining signal integrity and fidelity even at high power levels. The amplifier’s robust construction and adherence to industry standards creates enhanced durability, minimizing the risk of downtime due to equipment failure. The frequency response and dimensions of the amplifier are required for NNL Bettis laboratory testing purposes.

Market research has not revealed any other brand of amplifiers meeting the frequency response and dimension requirements. Failure to procure these specific amplifiers will incur costs in labor and effort to the Government in excess of $1M.

☐ B. SOLE 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.

☐ 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.

☐ 3. Other Reasons:

☐ 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, 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:

Enclosure (3) 47

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023 Page 2 of 2