Redacted Sole Source Justificaiton_Hydrophones.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 71

TO: Code 02 SUBJECT: Sole 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. 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

Qty. 2 hydrophones with a high dynamic range (10 Hz – 200 kHz) that can interface with an existing subsea digital multiplex. The hardware will be tested at the Bangor Waterfront and deployed subsea on the existing array at San Diego Undersea Signature Range (SUSR). The estimated cost of this procurement is and the required delivery date is March 29, 2024.

MANUFACTURER: Ocean Sonics - Subsea 20/20 ADDRESS: Seattle, WA

PHONE: 1-855-782-7321

POC: Eric Munday

POC PHONE: 206-963-6369

POC EMAIL: eric@subsea2020.com

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).

3. Other Reasons:

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

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.

Subsea 20/20 is the sole distributor of the Ocean Sonics hydrophones on the United States west coast, to include Alaska, Washington, Oregon, and California.

3. Other Reasons: NSWCCD Code 70 conducted market research into available hydrophones and sources with the required dynamic range (up to 200kHz) that could interface with a subsea digital multiplex. The Ocean Sonics hydrophone was found to be the only hardware that met the requirements. NSWCCD c/70 spent the last year testing these hydrophones and sources that were owned by Naval Postgraduate School (NPS) and invested labor funding into developing internal interface and data reduction software for them. Compatibility to the current digital multiplex must be maintained.

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.

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).