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

Naval Surface Warfare Center, Carder Division (NSWCCD) Code requires an amplifier to support a pierside method for sonar array calibrations. The total value of the request purchase effort is approximately $ .

Manufacturer: Instruments Inc.

Address: 7263 Engineer Rd., Suite G, San Diego, CA 92111 Phone: 858-571-1111 Email: info@instrumentsinc.com

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.

· 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).

☒ 4. Other Reasons.

The requested amplifier is a form, fit, and functional replacement for a unit that is currently in service from the same manufacturer and with the same model number. The amplifier is part of an acoustic transmit path that

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025 includes a signal generator as input to the amplifier, and a sound source as output. The particular model of amplifier is compatible with available transmit equipment and has been found to meet the performance requirements (output voltage ranges, frequency output response, latency, voltage/current monitoring ability, etc.) needed to ensure consistency of results and high data quality. The new amplifier shall be used as a spare and secondary unit based on Fleet needs and requirements as part of a certified system. To pursue equipment from other manufacturers requires significant engineering effort to identify comparable units, procure, and test.

· 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.