About this file

This document is a Brand Name Justification (BNJ) for a sole source procurement of 20 Aqualung Underwater Breathing Apparatus (UBA) reconfiguration kits by the Naval Surface Warfare Center Panama City Division (NSWC PCD). The procurement will be conducted using simplified acquisition procedures, with a total value not exceeding the simplified acquisition threshold.

The justification cites 10 U.S.C. 2304(c)(1) and FAR 6.302-1(c), stating that Aqualung is the Original Equipment Manufacturer (OEM) of the required Modular Oxygen Diving Equipment (MODE) UBA components, and that use of any other brand would require costly testing and evaluation to ensure compatibility and reliability. Therefore, the government determined that Aqualung is the only source that can meet its requirements and that significant cost savings or reduced delays are not expected through competition. The contracting officer has determined that this sole source order represents the best value to the government.

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C14 Redacted BNJ v2.pdf PDF
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P a g e 1 o f 2

Subj: BRAND NAME JUSTIFICATION TO PROCURE UNDERWATER BREATHING

APPARATUS OVERHAUL TRAINING AND MATERIALS

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

This is a sole source justification. Contracting activity is NSWC-PCD,110 Vernon Ave., Panama City, FL, 32407.

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

This action will award a firm fixed price contract to authorized sellers of the items in Paragraph 3.

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

Item # Description Quantity

CR488395 MODE BACK MOUNT KIT + REMOTE BYPASS 20

This acquisition will be conducted using simplified acquisition procedures. 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 the micro-purchase levels, but not exceeding the simplified acquisition threshold.

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).

The Naval Surface Warfare Center Panama City Division (NSWC PCD) currently has a need to reconfigure twenty (20) Aqualung Underwater Breathing Apparatus’ (UBA). Aqualung is the Original Equipment Manufacturer (OEM) of the Modular Oxygen Diving Equipment (MODE) Underwater Breathing Apparatus (UBA). The required components required to reconfigure the UBA’s shall be from the OEM to ensure compatibility and OEM reliability. If another brand were to be selected, the components would have to be tested and evaluated to ensure compatibility and reliability, resulting in unplanned additional cost to the Government and unacceptable delay.

As such, the Government does not expect significant savings through competition and does expect significant and unacceptable delays that will negatively impact this requirement.

Therefore, it is in the Governments’ best interest to acquire the Aqualung brand.

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

P a g e 2 o f 2

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, Aqualung is the only source that can meet the Government’s needs. This requirement will be synopsized in the government point of entry sam.gov.

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, Aqualung is the only brand that can meet this requirement.

File details come from the government source that posted it. Updated .