Inactive Total Small Business Set-Aside (FAR 19.5)

BRAND NAME JUSTIFICATION TO ACQUIRE TELEDYNE BENTHOS ACOUSTIC MODEMS 1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Just... BRAND NAME JUSTIFICATION TO ACQUIRE TELEDYNE BENTHOS ACOUSTIC MODEMS 1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.” This is a brand name justification. Contracting activity is the Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001 (Contracts Division Code G3). 2. Nature and/or description of the action being approved. This action will award a purchase order, on a brand name specific basis, to acquire Teledyne Benthos Acoustic Modems. The Mine Countermeasure Targets Group (A23) has been tasked with addressing obsolescence of the electronics used on its instrumented targets. This task involves replacing obsolete acoustic modems. Failure to procure will negatively impact project schedules. The requirement will be competed among distributors that offer Teledyne Benthos brand products. 3. A description of the supplies or services required to meet the agency’s needs (including the estimated value). Line# Part Number Description Quantity 1 ATM-900-C1 Acoustic Modem 7 The estimated value of this effort including shipping is approximately $ including shipping. The contract action will be funded with 2020 Other Procurement, Navy (OPN) funds. 4. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service. 10 U.S.C. 2304(c)(1), 10 U.S.C. 2304(d)(1)(B). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements FAR 6.302-1(a)(2)(iii)(B). Only the Teledyne Benthos Acoustic Modem will meet the Government’s requirements for the following reasons. The acoustic modem shall be able to transmit and receive acoustic signals in the 22 to 27 kHz band to allow reuse of acoustic transducers. The acoustic modem shall have the capability to communicate at minimum horizontal distance of 1 kilometer. The acoustic modem shall be addressable to enable communication with a minimum of 90 underwater assets using a single shipboard modem. The acoustic modem shall be powered using a 12 to 36 VDC power source. The acoustic modem shall provide a RS232 serial interface for communications with a host processor. The modem shall be a capable of being integrated into a housing or enclosure. The modem shall be a commercially available item currently in production and supported by the manufacturer. Therefore it is imperative that Teledyne Benthos Acoustic Modem is the only brand of equipment that can satisfy Government requirements. 5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 8.404(d). The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. 6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted. For the reasons specified in paragraph 4 above, Teledyne-Benthos is the only brand that can meet the Government’s needs. This requirement will be synopsized on the beta.SAM.gov website per FAR Part 5.2. The program was unable to find other commercially available modems capable of being integrated into a housing or enclosure that operated at the required frequency to enable reuse of existing acoustic transducers. 7. Any other facts supporting the justification. None 8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made. As stated in paragraph 4 above, only Teledyne-Benthos brand equipment can satisfy Government requirements. Section F - Deliveries or performance F.O.B. 52.247-34 Destination Section I – Contract Clauses 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.211-6 Brand Name 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) 52.214-21 Descriptive Literature 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items Preselected: 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement (Jan 2017) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) Select as Applicable for Set Aside Type: 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 Required: 52.222-50 Combatting Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.243-1 Changes Fixed-Price *Include in all awards and cite when changes are part of the modification* 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.204-7003 Control of Government Work Product (Apr 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.211-7003 Item Identification and Valuation 252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support (May 2016) 252.213-7000 Notice to Prospective Suppliers on Use of PPIRS (JUN 2015) 252.225-7048 Export Controlled Items (Jun 2013) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System (Aug 2016) 252.246-7008 Sources of Electronic Parts (May 2018) 252.247-7023 Transportation of Supplies by Sea (Apr 2014)