C10 - Redacted Brand Name Justification.pdf

MEMORANDUM

Subj: BRAND NAME JUSTIFICATION TO ACQUIRE ULTRALIFE BRAND BATTERY CS0032

IN OPERATIONAL SUPPORT OF THE NAVY INSTRUMENTED THREAT TARGET SYSTEM

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.”

This is a brand name justification. Contracting activity is the Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001 (Contracts Department Code 02).

2. Nature and/or description of the action being approved.

This action will award a purchase order, on a brand specific basis, to acquire ULTRALIFE CS0032 Batteries. The ULTRALIFE CS0032 battery is the only authorized battery for the Navy Instrumented System.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Line# Part # Description Qty

1 CS0032 ULTRALIFE Battery 100

2 Freight Fed Ex Freight Economy 1

The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements. This acquisition will be conducted using simplified acquisition procedures with a total dollar value above micro-purchase levels, but not exceeding the simplified acquisition threshold of $350,000.00.

4. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service. 10 U.S.C. 2304(c)(1), 10 U.S.C.

2304(d)(1)(B). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements FAR 6.302-1(a)(2)(iii)(C).

Under the Navy’s safety regulations, only lithium batteries approved for the system can be used in the system. Since the Ultralife CS0032 is the only approved battery for the NAVITTAR system, that battery must be bought to support the NAVITTAR system and the US Navy.

(a) Ultra Life is the sole developer and original equipment manufacturer (OEM) of this item. As such they are the only source with sufficient knowledge of the altimeter kit design and functionality to supply the component.

(b) After other battery packs were identified, but not certified for naval use, it was apparent that the system would fail to meet operational environmental requirements without pivoting to the UB0048. An extensive trade study was conducted by the technical team of available batteries in this form factor that can still meet operational power requirements. This specific battery pack provided the necessary size and weight considerations, of which the system is heavily constrained, without forcing a large redesign of the already approved hardware design. Replacing this battery pack with another product or manufacturer will require several months of redesign, as well as resulting in our inability to meet Fleet requirements, and additional RDT&E funding to incorporate any change. Additionally, a battery pack with lower energy density will result in the system failing to meet operational mission requirements and other undefined interfacing risks.

(c) The Government did not purchase or acquire the rights in data and design or a technical data package (TDP) for these items because they are commercial items developed to support the aerospace and defense industry at large.

In summary, Ultra Life is the sole developer and original equipment manufacturer (OEM) of this item. Any other brand of battery would have to go through a lengthy and expensive certification process. It is not expected that these costs would be recouped through competition. Therefore, it is imperative that Ultra Life brand batteries are acquired as soon as possible to meet strict program deadlines.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b).

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

For the reasons specified in paragraph 4 above, UltraLife is the only brand of battery that can meet the Government’s needs. This requirement will be synopsized on the beta.SAM.gov website per FAR Part 5.2.

7. Any other facts supporting the justification.

None

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

As stated in paragraph 4 above, only UltraLife brand batteries are the only batteries that can satisfy Government requirements.