Brand_Name_Justification_-_BAS_Parts-_redacted.doc

FOR OFFICIAL USE ONLY

Brand Name Justification Under the Authority of the FAR 13.5 Test Program

41 U.S.C. 1901

Justification for Other Than Full and Open Competition FAR 13.501

Authority: (10 U.S.C. 2304(c)(1)

Project/Program Name: SDV Broad Area Sensor Replacement Components Component/PEO/Other: Naval Special Warfare Center, Naval Special Warfare Estimated Contract Cost (including options): .

Type J&A: (Individual FORMCHECKBOX or Class FORMCHECKBOX J&A No.

15 - 010 Obtained from Office Log or KA

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

Agency:

USSOCOM

Contracting Activity: COMNAVSPECWARCOM West

2000 Trident Way, Bldg. 624

San Diego CA 92115-5599

2. Description of Action: (FAR 6.303-2(b )(2))

The resultant contract will be for a base and one option year period. It will be funded with Operation and Maintenance funding applicable to the fiscal year.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

The proposed FFP contract for the acquisition of Broad Area Sensor Replacement Components /Parts. The requirement is for replacement of various BAS Items; such as, Towed Array Cables, Winch Slip Rings, LIS Electronic Bottles, LIS Transducers, Towed Array Bodies, Tow Body Fins, GFCI Circuit Cards, LIS Interface Cards, GFCI Test Fixtures and Card; HMS 1400; DC/DC Power (IAW the SOW). All are original manufacturer, Falmouth Scientific, replacement parts.

4. Authority Cited: (FAR 6.303-2(b)(4))

10 U.S.C 2304(c)(5), the agency’s need is for a brand name commercial item for authorized resale.

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

Falmouth Scientific, Inc. (FSI) is the single manufacturer for parts identified that were incorporated into the existing software and design of the SDV BAS Side Scan Sonar System’s current configuration. These replacement parts offer drop-in form, fit, function and interoperability within the system, whereas attempt to acquire substitute parts from other vendors would require unfunded system and component testing, recertification and other rework, regarding system and mission readiness. The BAS is a specialized system designed and tailored specifically for use on the SDV. Procurement of replacement parts from other vendors would alter the system and require extensive time for testing and evaluation to reconstitute system functionality and reliability. Deviation from the standard may cause potentially unsafe conditions.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6))

FORMCHECKBOX

The notice will be posted with the solicitation as it cites a brand name.

FORMCHECKBOX

A notice will be posted within 14 days of contract award (30 if based on urgency).

FORMCHECKBOX

The notice was not publicized as required by FAR 5.2. If a notice was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was:

7. Market Research: (FAR 6.303-2(b)(8))

Market research was conducted by inquiring to the SDV BAS manufacturer, Oceanic Imaging Consultants (OIC). It was confirmed that Falmouth Scientific, Inc. (FSI) is the sole manufacturer for the requested parts. As the end item provider, OIC could purchase SDV BAS parts from FSI and resell them to the Government at what is anticipated to be higher pricing.

The USSOCOM Directorate of Procurement IDIQ database has no contracts/contractors eligible to meet this requirement.

8. Interested Sources: (FAR 6.303-2(b)(10)&(11))

There is one (1) known interested source, OIC. Although interested, OIC would have to purchase the required parts from FSI for resell to the Government. Any sources that express interest based on the posting of this document will be considered.

9. Other Authorities/Factors: (FAR 6.303-2(a)(9))

This justification also serves as the justification to support a FFP contract.

10. Technical and Requirements Certification:

To be signed by the requiring activity at the O4/GS-13 level or above.

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

NAME: ______________________ TITLE: _______________________________

SIGNATURE: _______________________________ DATE: _________________

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on an analysis to be conducted per FAR 13.106-3 as supplemented by FAR 15.403-3.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification:

I hereby certify that this Justifcation is complete and accurate to the best of my knowledge and belief.

NAME: ___________________________ TITLE: __________________________

13. Legal: SOFARS 5601-1

I have reviewed this document and find the Justification legally sufficient to support other than full and open competition:

14. Competition Advocate General Approval (CAG): (If over Component Competition Advocate Approval Authority, [see SOFARS 5601-1 for your component’s approval authorities], up to $12.5M. Note CAG must also sign above $12.5M.) SOFARS 5601-1

I have reviewed this document and find the J&A adequate to support other than full and open competition:

Per FAR 13.501, post on FBO within 14 days after contract award, or within 30 if based on urgency. If citing brand name, post with solicitation per FAR 13.501(a)(1)(iv) and FAR 5.102(a)(6).

FOR OFFICIAL USE ONLY

JA No. 15-010