Redacted JA BK Connect Software Requirement.pdf

Control N

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: The contracting activity responsible for this action is the United States Army Medical Research Acquisition Activity (USAMRAA), 820 Chandler Street, Fort Detrick, MD 21702.

2. Description of Action:

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Order Number TBD at Time of Award

☐ Blanket Purchase Agreement (BPA) Number _ _ ☐ Order/BPA# _______ against FSS Contract #_____ _________ ☐ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ ☐ Order #_______ against a single award IDC Contract

☐ Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid

Funds: ☐ Operations & Maintenance, Army (OMA) ☒ Other Funds:

FY:

Name of Proposed Contractor(s) and Address:

Bruel & Kjaer, North America Inc.

3079 Premiere Parkway Suite 120 Duluth, GA 30097 1-770-209-6854

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies: The required supplies and services are the Bruel & Kjaer Connect Hardware and PULSE Annual Software Upgrade and Maintenance, Hardware Calibration and Hardware Maintenance Contract for Type 5551 Pulse Directivity and Polar Plot, Type 7797 Basic Electroacoustic, Type 8400-B BK Connect B&K File Importers, Type 8401 BK Connect Hardware Setup, Type 8402 BK Connect Time Data Recorder, Type 8404 BK Connect Data Processing Specialist, Type 8405-B BK Connect Advanced Frequency Analysis , Type 8405-C BK Connect CPB Option, and Type 8429 BK Connect Shock Response Analysis.

Required Delivery Date: 30 September 2020 – 29 September 2023

Total Value:

4. Authority:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

☐ FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name ☐ FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable ☐ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☐ FAR 16.505(a)(4) Brand Name ☐ FAR 16.505(b)(2)(i)(A) Urgency ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Bruel & Kjaer, the manufacturer of the Connect and PULSE hardware and developer of the proprietary PULSE software, is the only source for the PULSE Annual Software Upgrade and Maintenance, Hardware Calibration and Hardware Maintenance Contract for the Type 5551 Pulse Directivity and Polar Plot, Type 7797 Basic Electroacoustic, Type 8400-B BK Connect B&K File Importers, Type 8401 BK Connect Hardware Setup, Type 8402 BK Connect Time Data Recorder, Type 8404 BK Connect Data Processing Specialist, Type 8405-B BK Connect Advanced Frequency Analysis , Type 8405-C BK Connect CPB Option, and Type 8429 BK Connect Shock Response Analysis. This company, Bruel & Kjaer is the sole manufacturer of the PULSE software and hardware maintenance and they do not have any resellers. Since the initial hardware and software acquisition has been executed, the Government cannot obtain competition without discarding the existing equipment.

The present acquisition is for continued hardware and software maintenance of existing sound and vibration measurement and analysis equipment. Acquiring a different software for the existing sound and vibration measurement from another manufacturer would mean abandoning over of Bruel & Kjaer hardware and the acquisition of

However, choosing one of these vendors would require additional programming effort to duplicate the capabilities of the Bruel & Kjaer PULSE system.

This laboratory has a variety of equipment from that can perform some sound and vibration measurement and analysis but the equipment is bulky and cannot be used in many environments The existing Bruel & Kjaer PULSE system can perform these measurements.

A Notice of Intent to Sole Source this requirement was posted on the Beta.SAM website on 22 June 2020 that provided interested concerns the opportunity to identify their capability in writing by 07 July 2020. No responses were received in response to the Notice of Intent justifying that Bruel & Kjaer is the only company who can provide the Bruel & Kjaer Connect Hardware Maintenance and PULSE Annual Software Upgrade and Maintenance.

8. Other Facts:

Previous Contracts – W81XWH-09-F-0413, W81XWH-12-P-0589, W81XWH-13-F- 0011, W81XWH-13-F-0204, W81XWH-14-P-0145, W81XWH-15-F-0018. All of the previous requirements were awarded as Sole Source awards to Bruel & Kjaer using FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. A Sole Source is required since no other companies can provide the required Connect Hardware Maintenance and Software Maintenance for the proprietary software.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.