Brand Name Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective July 2024

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: c732 TO: Code 02 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 Items being procured are quantity 20 National Instruments USB 6363 Multifunction I/O device. This device will be utilized in the SARTS IV NAP unit being developed by NSWCCD c732. It generates the PSK waveforms required to track submarines on the acoustic ranges. Full-scale trials cannot be conducted without the NAP unit and the waveforms it transmits.

The estimated cost for this procurement is

MANUFACTURER: National Instruments ADDRESS: 1150 N Mopac Expwy, Austin, TX 78759

PHONE: 1 877 388 1952

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.

National Instruments owns all design information, manufacturing knowledge and retains all critical equipment required to deliver all USB 6363 Multifunction I/O devices. National Instruments has authorized distributors/resellers of their equipment.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective July 2024

3. Other Reasons:

The NAP Unit utilizes LabVIEW software to generate the PSK waveforms and GUI – this is a National Instruments product and will interface seamlessly with the NI USB 6363. Additionally, extensive prototyping has been conducted and tested utilizing the National Instruments USB 6363 device failure to procure this device would consume significant government resources re-working development.

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:

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.