4.01b J&A_Redacted.pdf

This is a Justification and Approval (J&A) for Use of Brand Name, document number 4200, J&A No. 22-005, dated 15 October 2021.

The Commander Navy Region Hawaii (CNRH), Regional Boat Maintenance Center (RBMC) requires Westerbeke Generator Parts through a Brand Name Supply Blanket Purchase Agreement (BPA) to fulfill inventory needs for maintenance of Westerbeke Generators 7.5 installed on 10 Port Operation boats. The five-year performance period runs from 2022 to 2027. The statutory authority permitting this brand name acquisition is 41 USC 1901(e)(2), implemented by FAR 13.501(a), for certain commercial items. The requirement is justified as a direct replacement necessity to one manufacturer (Westerbeke), as equivalent purchase descriptions cannot be used. Use of Original Equipment Manufacturer (OEM) parts is required to maintain warranty status on the Government's existing Westerbeke Genset inventory; use of after-market third-party parts would void warranties. The Government faces significant costs if forced to use alternative manufacturers, including the need to obtain and maintain separate diagnostic software systems, implement OEM training programs for each manufacturer, acquire specialized tooling and testing equipment, and maintain 6-month replacement part inventories for multiple manufacturers. Westerbeke's warranty for commercial and military use is 6 months from the date the part or generator is placed in service.

The Contracting Activity (Naval Supply Systems Command, Fleet Logistic Center Pearl Harbor) conducted market research by posting source sought notices on NECO.GOV and SAM.GOV. One authorized Westerbeke Dealer expressed interest; searching the Westerbeke April 2021 authorized distributor directory identified only Trans Pacific Distributors for Hawaii. SBA Dynamic Small Business searches yielded no potential small businesses capable of providing Westerbeke equipment. The Contracting Officer has determined the anticipated cost to the Government is fair and reasonable, and expects to compete future contracts for the same supplies under Brand Name restrictions if another potential source emerges.