Brand Name Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2021

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 711

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

Required item: L2 Amp, part number 1015001-01. Intend to use L2 Amp as part of an acoustic measurement acquisition system.

MANUFACTURER: Instruments, Inc.

ADDRESS: 7263 Engineer Road, Suite G, San Diego, CA 92111

PHONE: 858-571-1111

POC: Kim Ashby

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 is required for the full operation for an acoustic acquisition system and requires close attention to power, electrical shielding, electromagnetic interference, and performance. The amplifier must support the electrical performance sufficient to meet the TEMPALT requirements manual ACN5, including electromagnetic interference specifications. The L2 Model Amp from Instruments, Inc. is a custom amp that our current environment system is tailored to.

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2021

The impact to the program to deviate from an existing custom amplifier is well over the cost of procuring this commercially available unit. For these reasons, it is in the best interest of the Government to procure the L2 Amplifier manufactured by Instruments, Inc.

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:

IV. CERTIFICATIONS & APPROVALS