C02 - BNJ_signed.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

MEMORANDUM FOR FILE

FROM: Michael Dempsey

CODE: 10B1

TO: Code 02

SUBJECT: Brand Name/Equivalent Justification

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. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and 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.

3. 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.

4. 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)

This request for multiple wireless accessories are for support of government iPads and iPhone issued by 104 to

NSWCCD employees. These items will help protect, enhance capabilities, and ease functionality while ensure longevity on our wireless investments. Items highlighted in yellow are Brand Name requirements. All other items are brand name or equal.

Item Number Product

1 Apple Pencil (2nd generation) – For all iPad Pro Models

2 Apple Pencil (USB-C) – For iPad 10th Gen. Model

3 UAG Rugged Case for Apple iPad Air 10.9-inch (2022)Metropolis SE Black - Flip cover for tablet - black - 10.9" - for Apple 10.9-inch iPad Air (4th generation, 5th generation); 11-inch iPad Pro (1st generation, 2nd generation, 3rd generation)

4 iPad Pro 11 Inch Case 2022 New 4th/3rd/2nd/1st Generation 2021/2020/2018 with Pencil

Holder Folio Stand Cover, Auto Wake/Sleep, Vegan Leather, Black

5 Magic Keyboard for iPad Pro 12.9 inch (6th generation) - US English – Black

6 iPad Pro 12.9 Case 2022 6th/5th/4th/3rd Generation 2021 2020 2018 with Pencil Holder

Shockproof Folio Cover for iPad Pro 12.9 inch

7 Magic Keyboard Folio for iPad (10th generation) - US English

8 OtterBox React Folio Case for iPad 10.9-Inch (10th Gen 2022), Shockproof, Drop Proof, Ultra-Slim Protective Folio Case

9 OtterBox iPhone 14 & iPhone 13 Commuter Series Case

10 20W USB-C Power Adapter (Used with both iPhones and iPads)

11 240W USB-C Charge Cable (2 m) (Used with both iPhones and iPads)

12 iPad 10th Generation Screen Protector, 2 PACK

13 iPad Pro 11 (4th Generation) Screen Protector

14 iPad Pro 12.9in (5th and 6th Generation) Screen Protector

15 Earbuds for iPhone Headphones Wired, Earphones with Lightning Connector (Built-in

Microphone & Volume Control) MFi Certified Noise Isolating Headsets for iPhone

14/13/12/11/XR [Soft Cushion]

16 Apple Magic Keyboard: iPad Keyboard case for iPad Pro 11-inch (1st, 2nd, 3rd, 4th

Generation) and iPad Air (4th, 5th Generation), Great Typing Experience, Built-in trackpad, US English - Black

MANUFACTURER: Apple, Inc.

ADDRESS: 1 Apple Park Way, Cupertino, CA 95014

PHONE: (877) 418–2573

POC: N/A

ESTIMATED TOTAL CEILING- $249,000.00

This anticipates current needs and future needs to provide cases, chargers, and other accessories to the new devices that will be issued in the upcoming Spiral 4 Wireless contract action.

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

Saliant capabilities and qualities

☒ A. BRAND NAME:

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

Apple pencils and the magic keyboards are the only brand name requirement for this effort. Apple pencils are unique with capabilities including pressure sensitivity, fine line capability, and wireless charging. Magic keyboards are the only keyboards with fingerprint biometrics that attach to the iPads. Other devices were researched, however no items were found to include these qualities with iPads and iPhones. Items are available for purchase from multiple vendors.

☐ 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.

☐ 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment

Manufacturer (OEM).

☒ 3. Other Reasons: Saliant qualities and capabilities required for this requirement.

☐ B. SOLE SOURCE (select all that apply)

☐ 1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, ☐ 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.

☐ 3. Other Reasons:

☐ C. LIMITED SOURCE (FAR 8.405-6):

☐ 1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, ☐ 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment

Manufacturer (OEM).

☐ 3. Other Reasons: Mandatory 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