E21 - Redacted Sole Source Justification.pdf

MEMORANDUM

Subj: SOLE SOURCE MEMORANDUM TO PROCURE PERSISTENT SYSTEMS RADIOS

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

This is a sole source 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 purchase order, on a sole source basis, to Persistent Systems, LLC., New York, NY 10001 (CAGE 4YBU2) to procure the items listed in Paragraph 3 of this document.

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

Line Part # Description Qty.

1 WR-EM-System Embedded Module System 25 2 RF-2151 BAS RF Module (2.025 – 2.15 GHz) 25 3 WR-5100 Wave Relay® MPU5 & Battery 5 4 RF-2150 High Power Sband RF Module (2.2-2.5GHz) 5 5 ANT-4001 GPS 13dBi (3.3V Active) SMA-M Stub Ant 5 6 ANT-2003 S 2.1-2.5GHz 2.15dBi RP-M Sprg Ant 10 7 ANT-2040 Ant Hpol S-Band Dis 1.4 dBi GN 5 8 BAT-06 Gen5 Lithium Ion Twist Lock Battery 5 9 CBL-DATA-2013 MPU5-D to IP67 Ether-F 11.5" 5

10 CBL-DATA-2019 MPU5-A to USB-Eth converter 18.5" 5 11 WR-PTT-SYS-03 Dual PTT System (With Locking TJ-101) 5 12 WR-PT5-0001 Personal Transport for MPU5 (PT5) 2 13 CBL-PWR-0001 MPU AC-DC Battery Eliminator PWR 90W 2

This acquisition will be conducted using simplified acquisition procedures with a total estimated value greater than $350,000, but less than $9M. The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements.

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)(B).

The Naval Surface Warfare Center Panama City Division (NSWC PCD) has a requirement for the items listed in Paragraph 3 of this document. Persistent Systems is the Original Equipment Manufacturer (OEM) of the items listed and are the sole distributor within the United States.

Only the Persistent Systems items listed in this document will meet the Governments requirements as these items are being used as replacement components in existing systems. If another brand were to be selected, the components may not interface with existing Government Owned Persistent Systems hardware, potentially resulting in equipment damage and performance degradation.

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 Government’s best interest to award on a sole source basis to Persistent Systems for the items listed in Paragraph 3 of this document.

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, Persistent Systems is the only source that can meet the Government’s needs. This requirement will be synopsized in the government point of entry SAM.gov because it is estimated to be greater than $25,000.00.

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 and 6 above, Persistent Systems is the only company that can provide the design of the system as required.