NSWCCD Brand Name Justification-KO signed-redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 1 of 3 Effective February 2023

MEMORANDUM FOR FILE

FROM: Jeremy Lewis

CODE: 653

TO: Code 02

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. 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)

The NSWCCD Code 653 requires the purchase of quantity (30) of TE Connectivity/Celesco brand PT1A-5-

UPAB-MC4-SG string potentiometers for the Columbia Class Submarine Deep Dive test event. The Required

Delivery Date for the purchase is 31 May 2025.

MANUFACTURER: TE Connectivity

ADDRESS: 1050 Westlakes Drive, Berwyn, PA 19312

PHONE: 610-893-9800

POC: N/A

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: $69,780.00

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

☒ A. BRAND NAME:

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

The TE Connectivity/Celesco string potentiometer, part number: PT1A-5-UP-AB-MC4-SG, is required for the

Columbia Class Submarine Deep Dive test event and therefore warrants the brand name justification. There are

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 2 of 3 two reasons why this specific sensor is required for the Columbia Class Submarine Deep Dive test event; 1. the data collection system, valued over $450,000, requires this exact sensor for operation and 2. Electric Boat, the contractor company responsible for most of the Deep Dive effort, has utilized this specific string potentiometer in all planning documentation for this test event. This documentation includes fixturing set up documents, cable routing documents, and electrical power documents.

TE Connectivity/Celesco has multiple certified distributors who can provide the specific potentiometers to NSWC

Carderock for the test event.

☐ 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: Deviating from this specific potentiometer would result in a delay of production of the

Columbia Class Submarine which cannot happen.

☐ 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):

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

☐ 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:

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 3 of 3

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