Sole Source to Persistent Systems LLC for Persistent System Radios Per Attachments

Sole Source Justification

This document justifies a sole source procurement action for Persistent Systems radios and related components. The Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD) requires these items to maintain existing systems.

The following items are to be procured from Persistent Systems, LLC:

• Embedded Module System (Qty: 25)

• BAS RF Module (2.025 – 2.15 GHz) (Qty: 25)

• Wave Relay® MPU5 & Battery (Qty: 5)

• High Power Sband RF Module (2.2-2.5GHz) (Qty: 5)

• GPS 13dBi (3.3V Active) SMA-M Stub Ant (Qty: 5)

• S 2.1-2.5GHz 2.15dBi RP-M Sprg Ant (Qty: 10)

• Ant Hpol S-Band Dis 1.4 dBi GN (Qty: 5)

• Gen5 Lithium Ion Twist Lock Battery (Qty: 5)

• MPU5-D to IP67 Ether-F 11.5" (Qty: 5)

• MPU5-A to USB-Eth converter 18.5" (Qty: 5)

• Dual PTT System (With Locking TJ-101) (Qty: 5)

• Personal Transport for MPU5 (PT5) (Qty: 2)

• MPU AC-DC Battery Eliminator PWR 90W (Qty: 2)

• This acquisition will be conducted using simplified acquisition procedures.

• The total estimated value is greater than $350,000 but less than $9M.

• Persistent Systems is the Original Equipment Manufacturer (OEM) and sole distributor in the U.S.

• These specific items are required as replacement components for existing systems.

• Using non-OEM parts may lead to interface issues, equipment damage, and performance degradation.

• Competition is not expected to yield significant savings and could cause unacceptable delays.

• The Contracting Officer determined this sole source award represents the best value.

• Market research was not conducted because Persistent Systems is the only source that can meet the Government's needs.

• The requirement will be synopsized on SAM.gov as the estimated value exceeds $25,000.00.

• This is a sole source justification based on 10 U.S.C. 2304(c)(1) and 10 U.S.C. 2304(d)(1)(B), citing FAR 6.302-1(a)(2)(iii)(B) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Form / Attachment / Pricing Sheet

This document, "C07. Clauses-Supply.pdf", appears to be a compilation of contract clauses and related information relevant to a solicitation. It is divided into sections covering Deliveries or performance (Section F), Payment Instructions (Section G), Contract Clauses (Section I), Instructions and Conditions to Bidders (Section L), and Evaluation Factors for Award (Section M).

• Section F: Specifies "F.O.B. Origin" for deliveries.
• Section G: Outlines electronic submission of payment requests and Wide Area Workflow (WAWF) payment instructions.
• Section I: Lists numerous FAR and DFARS clauses, including those related to limitations on payments, reporting, system for award management, prohibitions on certain hardware/software, telecommunications, and domestic corporations. It also pre-selects and requires specific clauses related to child labor, text messaging while driving, protest after award, and applicable law for breach of contract.
• Section L: Contains instructions for offerors, including instructions to offerors for commercial items, system for award management, alternative line item proposals, and notice of priority rating.
• Section M: Details evaluation factors for award, stating that the best value will be determined by considering price, delivery, quality, and past performance. It also includes specific clauses regarding the use of Navy support contractors for official contract files and approval by the government.

This document is critical for bidders as it details the specific contract clauses, terms, and conditions that will govern the contract. It outlines requirements for invoicing, reporting, compliance with various statutes and executive orders, and the evaluation criteria for proposals. Bidders must carefully review these clauses to understand their obligations and how their proposals will be evaluated.