Redacted_Sole Source Justification_Amp Eval-Repair.pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM:

CODE: 734

TO: Code 02

DATE: 8/1/2025

SUBJECT: Non-Competitive Procurement Justification Memo for Actions Under 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. 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.)

The Naval Surface Warfare Center, Carderock Division (NSWCCD), Bangor residing on Naval Base Kitsap located in Silverdale, Washington conducts essential Navy RDT&E test programs focused on submarine technologies. To support these endeavors, Bangor utilizes critical equipment including this L6 amplifier model and needs it to be evaluated and potentially repaired to restore it to an operational status. The perios of performance must be completed by 9/30/2026.

Manufacturer: Instruments Inc.

Address: 7263 Engineer Rd, Suite G, San Diego, CA 92111-1493 Phone: 858-571-1111 POC: Kim Ashby, kim@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.

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

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.

Instruments, Inc. amplifiers are proprietary systems and as such, no other equipment can be substituted due to compatibility.

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.

Instruments, Inc is the manufacturer of these amplifiers and the only technical repetitiveness for the repair / evaluation needed. Instruments Inc. has no authorized resellers, distributors able to provide the services needed.

3. Other Reasons.

The Naval Surface Warfare Center, Carderock Division (NSWCCD) Bangor relies heavily on these amplifiers for essential Navy RDT&E test programs focused on submarine technologies. Any delay or interruption in refurbishment or evaluation could potentially disrupt ongoing operations and testing schedules critical to submarine technology development.

Additionally, a large amount of current software at Bangor has been built around the Instruments, Inc. equipment and would need to be modified or completely replaced to ensure compatibility.

Not soliciting the requirement exclusively from Instruments, Inc. could jeopardize operational continuity and increase costs. Both of which cannot occur to ensure essential support to critical Navy RDT&E initiatives at Bangor.

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.