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Subj: SOLE SOURCE MEMORANDUM TO ACQUIRE OCEAN TECHNOLOGY

SYSTEMS DIVER TRANSCEIVERS EVALUATION AND REPAIR

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole Source Justification.”

This is a sole source 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.

2. Nature and/or description of the action being approved.

This action will award a firm fixed price purchase order, on a sole source basis, to acquire evaluation and repair support Ocean Technology Systems (OTS) brand diver transceivers. The transceivers will be used to support the SDV program.

*Option Amount will be determined later after evaluation of units.

This acquisition will be conducted using simplified acquisition procedures. The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements.

1. 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).

NSWC PCD currently has a need for the evaluation and repair of twenty-seven (27) SW-1000-SC, High Power NSW MAG Diver Transceiver. These transceiver units are manufactured exclusively by Ocean Technology Systems (OTS). As the original equipment manufacturer (OEM), and given the complexity of the through water communication kits and the level of system knowledge required, OTS is the only source possessing expertise, internal technical data, equipment and experienced personnel necessary to successfully evaluate and repair the kits. Use of an alternate source to make the repairs, may introduce new or change existing parameters that may severely damage the kits or severely injure the diver. Therefore, it is imperative that this procurement is awarded to OTS, the OEM as quickly as possible.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b).

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, Ocean Technology Systems is the only company that conduct the evaluations and repairs that will meet the Government’s needs. This requirement will be synopsized in the government point of entry SAM.gov because it is estimated greater than $25,000.00.

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, Ocean Technology Systems is the only company that conduct the evaluations and repairs that will meet the Government’s needs.

*See attachments*

Attachments/Links