Brand Name Source Justification_redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2021

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: c765 SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available.

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address)

1U VME Chassis 39V02MM118N2HC10 ELMA Type 39 19� Rack-mount Enclosure. Physical Characteristics/Features, Measures 1U high x 12� deep, Advanced EMC shielding package, Cold-rolled steel frame construction, Painted black, Flush front card cage, 1101.10-compliant profiles and card guides, Will accommodate 2 x 6U x 160mm cards horizontally, ELMA 2-slot VME backplane, 3-row 96-pin connectors, Long pins with shrouds on P2, Auto Bus-Grant feature, 200 Watt ATX power supply, +5V@25A, +3.3V@15A, +12V@13A, -12V@1A outputs, 90-264 VAC input with PFC, Fixed-mounted, Integral cooling, Side-to-side airflow, 12VDC fixed mounted fans, AC Operation, On/off switch/AC inlet/filter/fuses in rear, Includes power cord, Completely assembled, wired and tested

MANUFACTURER: ELMA Electronic ADDRESS: 2305 Newpoint Parkway; Lawrenceville, GA 30043

PHONE:

POC:

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

Market research was performed by researching other vendors and obtaining quotes. Elma was the only vendor who met all specifications to include the warranty. Elma is the original equipment manufacturer (OEM) for the VME Chassis.

A. BRAND NAME:

The proposed acquisition is based on current Towed Array Test Equipment system development, testing and implementation. The proposed acquisition is to provide replacement VME Chassis for existing fielded test equipment. The type of VME Chassis requested is based on previous field tests and system development. To find another VME Chassis would require the government to re-conduct System design, Development, EQT, lab and field testing. To develop a new VME Chassis model would take at least an extra 18 months and cost in excess of $350,000. The sunk cost and development time associated with this acquisition make it prohibitive to find and implement from both a schedule and cost perspective.

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from the brand source, and why another company could not satisfy the Government�s need.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document.

3. Other Reasons: Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government�s need. Describe how market research indicates other companies� similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency�s needs.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM. Describe how market research indicates other companies� similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency�s needs.

Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part A, BRAND NAME, is applicable, and Part B, SOLE SOURCE, should be left blank).

3. Other Reasons: Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

Customer/Requestor Signature Name / Title / Phone Date

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date