SSJ-KO signed_Redacted.pdf

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

MEMORANDUM FOR FILE

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

The subject procurement is for the data processing unit upgrade for the PCMS radar system. There is a need to update the data processing unit due to future work coming down the pipeline. This Preprocessor Board is a key component of the radar systems used to conduct measurements in accordance with the sponsor mandate.

Performance will continue to degrade pending this DPU upgrade.

Required Updates:

Description

Qty

20 1

MANUFACTURER: ECS Federal, LLC ADDRESS: 2750 Prosperity Ave., Ste. 600, Fairfax, VA 22031

PHONE: (703) 270-1540

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

A. BRAND NAME:

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:

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.

The existing Preprocessor Board was designed and manufactured solely by ECS Federal, LLC. The unit proposed for upgrades specifically meets the requirements to serve as a direct replacement and spares of the current Preprocessor Board in use at one of the Fixed Site locations. Because this is a highly specialized piece of equipment, the Navy must conduct the procurement with the original manufacturer to ensure compatibility, otherwise the costs associated with redesign of Preprocessor Board or purchase of a new unit designed for this system PCMS current systems are compatible with this this manufacturer’s designs.

3. Other Reasons: Additionally, research was done to price a completely brand new radar system with equal capabilities as the one already possessed by PCMS.

C. LIMITED SOURCE (FAR 8.405-6):

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: cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

Customer Signature Title Phone Date

First Line Supervisor Signature Date

B. Certification/Approval per FAR 13.501:

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 Date