Brand Name Justification_signed_Redacted.pdf

U.S. Department of Navy Naval Research Laboratory - Small Purchase Branch

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD – (exceeding $10,000 - $250,000)

Purchase Request No.

Estimated Cost (including options, if any)

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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

As required by FAR 13.106-3(b)(3)(i), this justification 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.

DESCRIPTION OF ITEM OR SERVICE: (Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.)

The Naval Research Laboratory (NRL) Code 5541 has a requirement for brand name Dell PowerProtect Data Manager Appliance model No. DM5500. This device is an on-site backup solution that integrates with other Dell enterprise products. The DM5500 will be utilized to backup the data contained within the Code 5541 standalone classified network.

The required delivery date is 30 days after award.

THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE 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. (Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.)

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. (Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM).

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. _X__ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

(Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.)

The Dell DM5500 is the only backup server that can be integrated within the current infrastructure of Dell servers that are currently used by code 5541. The device will be used to backup the servers and desktop computers of the code 5541 standalone classified development environment. Additionally, the DM5500 is the only backup server that meet the Government’s minimum specifications of 10x 10GbBase-T Ethernet interfaces, 5.2PB of storage, and the ability to backup data at up to 14.0 TB/hr while also being TAA compliant. If this device is not procured code 5541 will not be able to accredit their standalone classified development network.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine

GUIDELINES FOR OTHER THAN FULL AND OPEN COMPETITION

Requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition. The justification must; 1) demonstrate that only one company can perform,

2) State clearly the Government’s requirements, and 3) Explain clearly why the contractor is the only company that can meet the Government’s requirement. The justification cannot be price-based alone and incumbency does not justify other than full and open competition.

1. The following are examples of bases for other than full and open acquisitions:

a. The supplies or services to be acquired are unique to a supplier for which there is no comparable competitive product.

b. A component or replacement part for which there is no commercially available substitute, and which can be obtained only from the manufacturer and/or a manufacturer's distributor.

c. An item where compatibility is the overriding consideration, such as computer operating software enhancements for an existing system.

d. A supply, equipment, part, service or supplier that, due to technically constraining factors associated with scientific research, are needed to ensure the fairness and validity of the underlying research.

e. Repair/replacement parts for non-competitive equipment.

f. Continuation of an existing contract when work is so closely related to that of the uncompleted basic contract that it would not be feasible to consider another potential contractor.

2. The two most often cited bases for other than full and open competition are uniqueness and timeframe. These are often confused and inappropriately interchanged.

a. If the contractor has a unique capability, whether it be an item or service, it is insufficient to simply say that the supplier is unique. If the item is unique to the supplier, the unique characteristics must be set forth. If the supplier has unique expertise, that expertise must be described. If the supplier has unique equipment or facilities or he/she has proprietary data, it must be explained.

b. If only one supplier can perform within the required timeframe, the timeframe must be explained. Administrative delay or lack of adequate advanced planning does not create an urgency that justifies other than full and open competition. It is not enough that timeliness is “of utmost importance,” as is often stated. The requestor must show that proceeding with a competitive process would cause the Government serious harm.

c. If the justification includes a timeliness reason, the requestor must give an explanation of why timeliness was not addressed through better planning, and what steps will be taken to try to prevent a non-competitive process in the future.

i. Provide the date by which the supplies or services must be delivered.

ii. Indicate how that date was determined and its significance.

iii. Indicate the impact of delay beyond that date in terms of program schedules, milestones, etc.

iv. State how long it would take another contractor to acquire the capability to perform (learning period), how much it would cost another contractor to get up to speed, and if appropriate, what it would cost the Government in terms of dollars and man-hours to get another contractor up to speed.

v. State the bases for the above estimates.

3. State how the decision to go sole source was reached, (i.e. technical personnel’s knowledge and experience, market research, etc.). The following are examples of documentation supporting this element:

a. Technical Personnel’s Knowledge:

vi. Explain requisition originator’s experience that would indicate that he/she knows that only one source can perform.

vii. Explain what technical publications, symposiums, or conferences clearly indicate that only one company can perform. List publications read and symposiums and conferences attended.

b. Market Research.

viii. State who conducted the survey.

ix. State when it was performed.

x. State what companies are in the industry, if feasible.

xi. State how the companies were contacted.

xii. State what questions were asked, and how the companies responded.

xiii. Name the companies that were contacted. Were all contractors in the relevant industry contacted? If not, why?

xiv. Provide each response from those companies surveyed.

xv. If any company stated that it could meet the requirements, give a justification for excluding that company, if it was not chosen.

xvi. State how it was determined that the contractor was the only one qualified.

xvii. State how requestor will plan better to ensure a full and competitive process the next time

4. In cases where an unsolicited proposal for R&D has been received, the justification limiting acquisition to a single source must verify that the proposal represents the product of original thinking by the submitting contractor and could not be obtained competitively without revealing the original thinking.