C02- BNJ - EnvSensor FY23_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 7411

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

Code 7411 requires environmental sensors that meet the minimum specifications (resolution, accuracy, operating environment, and compatibility with currently owned software) from Campbell Scientific and Apogee Instruments. These sensors will be used to fully characterize the environment in which field trials are being performed. Measurement of the environment (multiple, high resolution thermocline measurements of the water, wind speed & direction, and incoming IR radiation) is required for understanding the IR signature of measured Navy assets during field measurements. The estimated cost of this procurement is and is required by 30

SEP 2023.

MANUFACTURER: Campbell Scientific, Inc.

ADDRESS: 815 W 1800 N, Logan, UT, USA, 84321-1784

POC:

EMAIL:

MANUFACTURER: Apogee Instruments ADDRESS: 721 W 1800 N, Logan, UT, USA, 84321-1784

PHONE:

EMAIL:

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: Procurement of Campbell Scientific and Apogee Instruments is required to ensure that the equipment is compatible with currently owned software and can be integrated into current sensing inventory.

Procurement from “brand name or equal” cannot be used as this will incur additional labor and material costs by forcing new device integration and will result in mission failure when performing IR field trials before integration is complete.

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.

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).