REDACTED Brand Name Justification.docx

MEMORANDUM FOR FILE

FROM:

CODE:

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 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer

3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), 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.

II. DESCRIPTION OF ITEM OR SERVICE (Include manufacture/sole source name and address.)

Purchase of quantity six (6) NI 8-Channel C Series Analog Input Modules model NI-9224 and quantity three (3) NI 4slot CompactDAQ cDAQ-9185 to support prototyping and validation testing for Flat Line Towed Array Fairing TEMPALT.

Manufacturer: National Instruments (NI) Address: 11500 N Mopac Expwy, Austin, TX 78759-3504 Phone: 512-683-0016 POC: William Higgins

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

☒ A. BRAND NAME. The 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.

The NI 8-Channel C Series Analog Input Modules model NI-9224 (OEM Part #: 783862-01) and the NI 4slot CompactDAQ cDAQ-9185 (OEM Part #: 785064-01) designs are the intellectual property (to include trade secrets) of National Instruments.

· 2. Exclusive Licensing Agreements. The item or service is only available from the Original Equipment Manufacturer (OEM).

· 3. Federal Supply Schedule (FSS): IAW FAR 8.405-6(b).

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

☒ 4. Other Reasons.

NSWCCD Code currently utilizes NI hardware and software for Magnetic Fields Laboratory (MFL), Magnetic Silencing Facility, and various field measurement systems. To ensure compatibility, reduce sparing requirements, and leverage the wealth of experience and NSWCCD intellectual property developed for NI hardware, these specific NI devices are required. Labor, time, and money have been invested into ensuring these specific products satisfy the mission requirements. Alternative hardware would require a significant investment in verification before purchase. It’s estimated that purchasing other devices would cause over $ to rebuild and relearn a new system.

· 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.

· 4. Federal Supply Schedules (FSS): IAW FAR 8.405-6(a)(1)

· a. An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

· b. Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or

· c. In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

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.