C10 - Redacted Brand Name Justification.pdf

MEMORANDUM

Subj: BRAND NAME MEMORANDUM TO ACQUIRE EATON BRAND AIR DRIER PARTS KITS

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

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

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

This action will award a firm fixed price purchase order, on a brand name basis, to acquire EATON brand air drier parts kits These air driers will be used to build power board prototypes. It is a critical maintenance component designed to remove moisture, water vapor, and contaminants from compressed air or specialized gas streams. Its primary job is to ensure that the air entering sensitive military equipment is "instrument-grade" (ultra-dry), which prevents corrosion, freezing, and electronic malfunctions.

3. A description of the supplies or services required to meet the agency’s needs.

NSN Number* Description Qty

4440-01-451-9331 Air Drier Parts Kit 500

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. All items will be delivered within twelve (12) weeks after contract award.

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). Application for brand name description FAR 6.302-1(c).

Pursuant to 10 U.S.C. 2304(c) (1), Eaton is the only brand of equipment that will meet the Government’s needs for the following reasons. These are the only air driers that are authorized for use within the clandestine delivered mine (CDM) system. This item must match exact physical dimensions and mounting footprints of the CDM. As the original equipment manufacturer, Eaton maintains proprietary rights over the internal desiccant composition and the specific micron rating of the integrated filtration media. Testing (Pre-screening) of sub-assemblies, components and raw materials will not guarantee acceptability of the final assemblies. These are the only air driers that are precision-engineered to meet specific flow rates and pressure drop tolerances that are critical to the CDM's Operational Readiness (OR). While generic desiccants might fit physically, only the OEM-certified part is guaranteed to meet the Mean Time Between Failure (MTBF) requirements mandated by the technical manual for the Clandestine Mine (CDM) system. Additionally, the cost and time to prepare another source is not feasible to meet the Government’s time and budget constraints. As such, the Government does not expect significant savings nor better service through competition but does anticipate significant and unacceptable delays that will negatively impact this requirement if another vendor is selected. Therefore, it is in the Governments’ best interest to award to those authorized distributors and resellers of EATON Brand air drier parts kits.

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, Eaton is the only brand of equipment that can meet the Government’s needs.

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.

For the reasons specified in paragraph 4 above, Eaton is the only brand of equipment that can meet the Government’s needs.