NSWCCD Sole Source-Brand Name Justification - MR Cable REVISED-redacted.pdf

MEMORANDUM FOR FILE

FROM: Joshua Lappen

CODE: 883

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 Naval Surface Warfare Center, Carderock Division, Code 881 intends to purchase an undersea electrical-opticalmechanical (EOM) cable with connectors and periphery test cables to support the Manta Ray Power Transfer

Demonstration scheduled for October 2024. The hardware requested must seamlessly interface with both contractor- and governmentfurnished equipment that will be part of the demonstration.

MANUFACTURER: MacArtney Inc.

ADDRESS: 2901 W. Sam Houston Pkwy N, Suite D-260, Houston, TX 77043

PHONE: 713-266-7575

POC: Beto Campos (bca@macartney.com)

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: $175,000

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.

☐ 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).

This cable will connect contractor-furnished equipment (CFE) to government-furnished equipment (GFE). Both systems

(CFE and GFE), to include the integrated bulkhead connectors for this cable, have already been built using SubConn and

OptoLink connectors. These connectors are proprietary and exclusive to MacArtney, Inc. The pin layout and connector shell form factor are unique to each manufacturer. As a result, both the male and female connectors in a coupling must be from the

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Page 1 of 2

Effective February 2023 same vendor. A market survey was conducted and only two companies were found that could deliver a cable that meets the project technical specifications and delivery schedule:

• MacArtney, Inc.

• SouthBay Cable, Inc.

Because SouthBay Cable was not willing to install MacArtney connectors on a SouthBay cable, MacArtney is the only viable manufacturer to supply the cable with the specified connectors.

☐ 3. Other Reasons:

☐ 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.

☐ 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, 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:

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

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

Effective February 2023