C14 - Redacted BNJ.pdf

MEMORANDUM

Subj.: BRAND NAME MEMORANDUM TO ACQUIRE SIEMANS BRAND TEST & TRAINING KITS

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 Sea Systems Command, 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 firm fixed price purchase order on a brand name specific basis to the lowest price offeror that is an authorized reseller of Siemens Test & Training products. The requirement is two (2) Siemens Test & Training Kits for the Ship-to-Shore Connector (SSC).

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

The contract effort is to acquire:

Description Part Number Qty.

Siemens Test & Training Kit 6ZB24800CU00 2

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 $250,000.00.

4. Identification of the justification rationale (see FAR 8.405-6(a) and (b)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

This acquisition is conducted under the authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Service Act of 1949 (41 U.S.C. 251, et seq. and 40 U.S.C. 501). An order for the products described in section 3 will be placed pursuant to the authority of FAR 8.405-6. The Commercial Off-The-Shelf (COTS) items being purchased are needed to support the NSWC PCD Air Cushion Vehicle (ACV) program, which includes Ship-to-Shore Connectors (SSC) Command, Control, Communications, Computers, & Navigation (C4N) program. These items are needed in house to support knowledge of the PLCs in the CACs, RWCs, etc.. If any other brand product is procured, it will result in hardware and firmware disparities and risk to the

SSC. This specific manufacturer’s product is fully compatible with the current system being delivered. Therefore, it is imperative that the brand procured is Siemens. It is a requirement of this purchase that any awardee be an authorized reseller of Siemens products and only new products with an Original Equipment Manufacturer (OEM) commercial warranty be provided to the Government (no used or refurbished items permitted).

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d).

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, reoccurring cost, administrative costs, engineering and redesign 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.

This requirement will be synopsized via posting on the Federal Business Opportunities (FEDBIZOPPS) website with FAR 5.2. Use of a non-DoD contract will facilitate contract award through the use of Simplified Acquisition Procedures (SAP) to meet stringent U.S. Navy scheduling requirements.

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.

Siemens brand is the only brand that can meet the requirements. Due to significant engineering costs and long lead time for development described under paragraph 4 above, there are no actions that can currently be taken by the LCAC program to remove the barrier to competition.