Brand Name Justification-Redacted.pdf

Attachment 2 U.S. Customs and Border Protection

Sole Source Determination For actions above the micro-purchase threshold but not exceeding the SAT

Version 2.0 October 2020

Date:_08/22/2024_____ PR Number: 20145598______________________

1. Nature and/or description of the item/service being procured and anticipated cost:

CBP intends to limit the number of sources solicited for the procurement of the Deep Trekker Revolution ROV package and accessories from Deep Trekker, Inc., 155 Washburn Drive, Kitchener, ON N2R 1S1 Canada. The anticipated cost for this requirement is [redacted].

2. Sole Source Determination Rationale in accordance with FAR 13.106-1(b)(1)(i) and (ii).

(Check one and explain below):

_________ Only one source reasonably available.

_________ Urgent and compelling circumstances exists.

_________ Exclusive licensing agreement exists.

_____X____ Brand name. If the brand name requirement applies to a portion of the procurement, please identify that portion.

_________ Industrial Mobilization _________ Other. Explain:

CBP intends to procure a brand name specification for the Deep Trekker ROV package by utilizing Competitive Procedures. Only one source is capable of providing the Deep Trekker ROV because the Deep Trekker ROV is highly specialized. This brand name specification must be used because it was extensively field tested in the Port. Untested items may not meet the operational needs of CBP. CBP, OFO, Port of New York/Newark conducted market research on the following products: Deep Trekker ROV, Video Ray ROV and the SRV ROV. The results of the market research indicates other companies’ similar products lacks the particular feature(s) required and do not meet, or cannot be modified to meet, the needs of CBP. Specifically, the Deep Trekker ROV field tested this model and it performed flawlessly in the Port’s challenging environment (unpredictable tides excessive traffic and murky conditions).

3. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2). (Check one and provide short explanation or description of action taken):

_________ Market Research.

_____X____ Comparison of the proposed price with prices found reasonable on previous purchases.

_________ Current price List.

____X_____ Comparison with similar items in a related industry.

____X_____ Comparison to IGCE.

Attachment 2 U.S. Customs and Border Protection

Sole Source Determination For actions above the micro-purchase threshold but not exceeding the SAT

Version 2.0 October 2020

_________ Contracting Officer’s personal knowledge.

_________ Other. Explain:

The Contract Specialist (CS) did a comparison of the IGCE to previous purchases as well as with similar items found online.

4. Technical/Requirements Personnel Certification:

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the Sole Source Determination, is accurate and complete.

Technical Representative/COR Date

5. Contracting Officer Certification/Approval:

I hereby determine that the circumstances described herein exist and that the information is accurate and complete to the best of my knowledge:

Contracting Officer Date