S03_Sol_Attach_H_Brand Name Justification.pdf

Department of the NAVY Naval Oceanographic Office

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A #

JUSTIFICATION AND APPROVAL

FOR

BRAND NAME FOR ITEM PARTICULAR TO ONE MANUFACTURER

Authority: 10 U.S.C. 2304(c)(1) Implemented by: FAR 13.106-1(b)

Pursuant to the Competition in Contracting Act (CICA) and in accordance with FAR 6.303-1 Requirements and FAR 6.303-2 Content, the justification incorporates sufficient facts and rationale to support the use of the statutory authority cited.

1. Contracting Activity.

This is a Justification executed by Naval Oceanographic Office (NAVOCEANO) Contracting Department.

2. Description of the Action Being Approved.

The Naval Oceanographic Office (NAVOCEANO) has a requirement for a one-time purchase of EARS Battery Sticks, EA-BM-0117-03-101 Rev A and PANDA Battery Sticks, EA-ME-1228-18-102.

3. Description of Supplies/Services.

Battery sticks produced from drawings, EA-BM-0117-03-101 and EA-ME-1228-18-102 shall be made from Duracell batteries. There shall be 7,200 battery sticks produced from drawing EA-BM-0117-03-101 (EARS Battery Sticks) and 500 battery sticks produced from drawing EA-ME-1228-18-102 (Panda Battery Sticks).

600 EARS Battery Sticks will be delivered monthly for one (1) year starting one (1) month after award. The 500 Panda Battery Sticks will be delivered simultaneously with the first shipment of the 600 EARS Battery Sticks for a total shipment of 1100 Battery Sticks. The total dollar value shall be

Estimated Dollar Value:

FY OMN OPN

Base 21 Option 1 22 Option 2 23 Option 3 24 Option 4 25 Option 5 26 Option 6 27 Option 7 28 Option 8 29 Option 9 30

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A # Subtotals Totals

4. Statutory Authority Permitting Other Than Full and Open Competition.

FAR 13.106-1(b) - Items particular to One Mfr.

5. Rationale Justifying Use of Cited Statutory Authority.

Duracell brand batteries are required by N91 for use in EARS buoys. No other brand will properly suffice as dimensions of other batteries vary too much and will not always properly fit inside of existing buoys. Duracell also offers the most power for a D-size battery. Duracell also offers batteries without the top button allowing for a lower cost per battery stick during construction. N91 has thoroughly vetted Duracell battery sticks performing power consumption and destructive tests over many years. Duracell is the only brand that has consistently provided batteries that meet all of N91's requirements.

Having to redesign all of the EARS systems to fit another brand of battery and procuring new buoys would be extremely time consuming and costly. The man hours required would be well over 2,000 hours with the cost exceeding 4 million dollars. With a continually changing environment and the need to forward deploy personnel for an extended period of time, N9 does not have the resources to commit to changing to another battery brand.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practical.

An Internet search of the Dynamic Small Business Search (DSBS) database was conducted for vendors in Alabama, Louisiana and Mississippi that provide supplies under NAICS 335911.

A request for information (RFI) was sent via email to six (6) small business found on the DSBS database to confirm their capability to provide the required supplies.

A 200 mile radius around Stennis Space Center was chosen to enable Government inspection on a routine basis throughout the manufacturing process.

7. Determination of Fair and Reasonable Cost.

Before making an award, the Contracting Officer will determine that the proposed price is fair and reasonable based on one of the techniques identified in Federal Acquisition Regulation (FAR) Subpart 13.106-3(a) – Basis for award.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVOCEANO has no plans at this time to provide full and open competition on future contacts for the types of supplies covered by this document. Prior to the award of future contracts, market research will be completed to determine if more potential sources have emerged that will allow for further competition of the Duracell brand name for the required battery sticks.

CERTIFICATIONS AND APPROVAL

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A #

CONTRACT SPECIALIST CERTIFICATION

I certify that the facts supplied by the requiring activity to ensure this J&A contains sufficient facts and rationale to justify the use of the specific authority cited is complete and accurate to the best of my knowledge and belief.

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical/Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW (Greater than SAT)

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A value not exceeding $700K, the Contracting Officer's signature below also represents approval of this J&A.

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A value is over $700K but not exceeding $13.5M, the Competition Advocate's signature below represents approval of this J&A.

Contracting department 1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

J&A # JA-2021-019

APPROVAL (>$13.5M)

Upon the basis of the above justification, I hereby approve, as Head of the Contracting Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority stated above.