Redacted Brand Name Justification - Signal Hound FY23.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2021

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 742

SUBJECT: Brand Name 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. 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.

3. 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:

Purchase would be for qty. 4 SignalHound SM435C Spectrum Analyzers. This would cost approximately $ unit). This equipment is to support a permanent installation for ongoing RF measurements supported by Division 74. Previous equipment from this company is in use with current systems. These new SM435C’s would serve as an upgrade to the current systems and would leverage previously written software.

MANUFACTURER: Signal Hound ADDRESS: 1502 SE Commerce Ave. Suite 101 Battle Ground, WA 98604 USA

PHONE: (360) 313-7997

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 SM435Cs are being purchased to upgrade an existing system, which already has been designed to be compatible with SM-C series. Attempting to purchase from another brand name would cause compatibility issues with the current system, as the current software was written to work with SM-C series equipment. A change to vendors would introduce a period of redesign, both on the software side and hardware sides as the system would have to be tested and made compatible with any different equipment, instead of a simple upgrade with minimum downtime.

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.

N/A

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2021

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

N/A

3. Other Reasons:

As these are upgrades to a current system, part of the requirements are that the new equipment must be compatible with current software. Any attempt to change the vendor would negatively impact the deployment time and upgrade costs by necessitating software redesign and hardware evaluation. Keeping the same brand name reduces complexity and time spent, creating a time and cost savings.

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:

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

DUHAIME.KRIST

EN.M.

Date: 2023.04.17 15:43:59 -04'00'