REDACTED Brand Name Justification.docx

NAVAL SURFACE WARFARE CENTER CARDEROCK DIVISION

MEMORANDUM

Requirements POC:

Requiring Code:

Date:

Subj: Request to Restrict Competition for FAR Part 12 Acquisition NTE SAT PID#:

This requirement is for a commercial product or commercial service that is not expected to exceed the simplified acquisition threshold (SAT) and FAR Part 12 procedures will be used for the purchase. FAR 12.102(a) states that the decision to restrict competition, including the use of brand name descriptions without allowing for “equal” products, must be documented. The Requirements Owner requests approval to restrict competition for the identified PID# for the reasons stated in Section III and submits this memorandum to document the basis for the request pursuant FAR 12.102(a).

I. TYPE OF RESTRICTION REQUESTED

SELECT ONE

· DON Enterprise Licensing Agreement (ELA). Enter ELA#: Click or tap here to enter text.

· Enterprise Software Initiative (ESI). Enter ESI# Click or tap here to enter text.

· NASA Strategic Enterprise-Wide Procurement (SEWP)

II. REQUIREMENTS DESCRIPTION

Provide a brief description of the requirements.

NSWCCD Code requests the renewal of the annual on-site hardware support service for two Spectra Logic Stack tape libraries with LTO-8 tape drives. The new Period of Performance is 10/10/2026 – 10/09/2027.

Source Selection Information – See FAR 2.101 and 3.104

CUI

CUI

B03 Request to Restrict Competition NTE SAT v060126 Effective June 2026

Identify the Original Equipment Manufacturer (OEM), OEM address, and whether the market research was conducted by contacting the OEM directly or an authorized OEM dealer or reseller. For the source of the market research, provide the point of contact name, phone number, and e-mail. Also include the estimated dollar value from the Independent Government Estimate (IGE). Using manufacturer or vendor estimated cost information will result in rejection of the request.

☒ Authorized OEM Dealer or Reseller POC provided market research.

Market Research Source POC Name:

Jacob Hirshberg

Market Resource Source POC Phone#:

(510)353-4070 ext 320

Market Research Source POC E-Mail# jacob@ntsca.com

Estimated $ Value

III. BASIS TO RESTRICT COMPETITION

A. Existing Restrictive Rights/Licensing Agreements.

SELECT ALL THAT APPLY

B. Coordination with Existing Equipment and Systems.

SELECT ALL THAT APPLY

C. Market Research Conducted & Conclusions.

Detailed market research is required to establish why only one source, or one brand can meet the requirement for the exclusion of other sources or brands. To comply with FAR 12.102(a), limitations to competition MUST detail the market research conducted to find alternate sources and competition. This information will be verified before Contracting Officer approval.

Spectra Logic is the OEM and is the only source able to meet service level schedules and maintain critical response times. Authorized resellers (Carahsoft, New Tech Solutions, etc.) are available. The estimated price for this procurement is $ , based on historical pricing from similar SpectraLogic Support Services acquired in FY23, FY24, and FY25 (Purchase Orders ). The current estimate is higher than previous years due to standard annual price escalation and the addition of a new hardware component (an expansion module with 40 slot licenses).

For Brand Name ONLY:

· Discuss why you are precluding consideration of a product manufactured by another company.

· Describe how the brand name product or feature is essential to the Government’s requirement.

· Explain why a “brand name or equal” description cannot be used.

· 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 Government’s requirement.

For Other Reasons:

· Only include a cost impact statement if justification cannot be established using any of the above. The cost impact statement must provide a trackable basis for the conclusion that the estimated cost of switching sources is so high that it outweighs the benefits of competition.

· Lack of support documentation for the cost impact statement will result in Contracting Officer rejection.

The proposed contract action is to provide the government with an additional year of continued maintenance/extended warranty support on existing Spectra Logic Stack tape libraries hosted in NSWCCD Code . The annual on-site hardware support services required for the NSWC-owned equipment can only be satisfied by SpectraGuard Support offered by Spectra Logic, performed in accordance with up-to-date product requirements. Spectra Logic permits authorized resellers to sell their products & services, but the services must be performed by Spectra Logic field engineers.

Spectra Logic is the manufacturer of its proprietary data storage hardware. As such, only Spectra Logic and its authorized trained technicians and personnel possess the knowledge, skill, and resources to perform repairs, re-certifications, and other services covered under the terms of the annual maintenance contract.

IV. CERTIFICATIONS & APPROVALS

A. Requirements Owner/Technical Certification. I certify that the information provided above is true, accurate, and complete to the best of my knowledge. I understand that approval of this request precludes use of full and open competition.