1 A02- JA Limiting_Competition.pdf

For All Actions Over the Micro-Purchase Threshold ($10K*) and Under the Simplified Acquisition Threshold (SAT)

Use for FAR Part 8, 13, or 16, Including Brand Name

MFR – Limiting Competition under SAT

1. Contracting Activity: U.S. Army Contracting Command – Rock Island, Rock Island Arsenal, Rock Island IL 61299-8000.

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number ______________________ Blanket Purchase Agreement (BPA) Number ______________________ against FSS Contract Number Order/BPA# _______ ______________________ against Multiple Award IDIQ Contract Name or # Order #_______ ________________ against a single award IDC Contract # Order #_______ ______________________ to existing PO/TO/DO/Call Order # Modification # _______ ______________________

Pricing: Fixed Price Time & Materials/Labor Hours Cost Reimbursable

Funds: Operations & Maintenance, Army Other Funds: FY: ________

Name of Proposed Contractor(s): _____________________________________________________________

Yes No Brand Name Buy

3. Description of Services or Supplies: In layman’s terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. Include the total estimated value of the proposed action (Do not use abbreviations):

4. Authority: Mark the applicable exception, choose only one

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) and 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(b)(2)(i)(C) Logical Follow-on

5. Reasons for Authority Cited:

a. Explain why the intended contractor is the only reasonable source who can provide the required supplies or services. Discuss the unique capabilities, expertise, etc. that support the lack of competition.

b. For a brand name restriction - brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements. Explain why the brand specified is the only brand that will meet the Government’s needs.

c. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

6. Publicizing Contract Actions: For FAR 13 actions, the public display and synopsis requirements of 5.101 and 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202 _________________ . Fill in exception.

Requirement to post justification IAW 8.405-6(b)(3), 13.105(c), or 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under SAT, no posting required Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $30K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception

FAR 8.405-6(a)(1)(i)(A) Urgency

Signature Contracting Officer

After approval by the PCO, include a copy in the contract file. Send approved justification to CONOPS for redacti ng prior to posting, usarmy.ria.acc.mbx.spt-svcs@mail.mil.

7. Market Research: Describe the extent of the market research conducted to identify all qualified sources and the results thereof. Provide month/date market research conducted to ensure it was within the last 12 months. If the requirement is a brand name specification, market research must support that other companies’ similar products, or products lacking the particular feature specified, do not meet, or cannot be modified to meet, the agency’s needs.

8. Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon (describe technique to be used, e.g. price analysis, cost analysis, etc).

Based on the foregoing, I approve this justification to limit competition subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

(1) 1 EA - Model: YSJ120A3S0L Precedent Packaged Rooftop, Ton: 10, Application: DX Cooling/Gas heat, IEER/SEER: 14, Voltage/Phase/Hertz: 208-230/60/3

(2) 1 EA - Model: YSC060G3RHB Precedent Gas/Electric Packaged Rooftop, Ton: 5, Application: DX Cooling/Gas heat, IEER/SEER: 14

(3) 1 EA - Model: YSJ150B3S0H Precedent Packaged Rooftop, Ton: 12.5, Application: DX Cooling/Gas heat Estimated Value: $29,900

Procurement history of previous purchases of same/similar equipment needed which met technical specifications. Certified cost or pricing data is not required per FAR 15.43-1(b)(3).

CB do not apply 5202: Off