1.17 J&A Brand Name Justification-Redacted.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION SAT

1. Identification of Agency and Contracting Activity

NAVSUP FLC

2. Nature and/or Description of the Action Being Approved

Without the Hyperbaric Chamber would be unable to function, and GITMO Dive locker and Diving school will have to shut down

3. Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value

All work will be conducted IAW Navy Diving Manual and Diver’s Life Support Standards. Work will be monitored at all times by qualified Navy Diving Supervisor.

Estimated Dollar Value:

FY/Option/Ordering Period OM&N OPN RDT&E

Subtot

4. Statutory Authority Permitting Other Than Full and Open Competition

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 (e.g., urgency, exclusive licensing agreements, brand name or industrial mobilization).

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.

J&A #: 24-J036

Is the requested material or service represents the minimum requirements of the Government Estimated Dollar?

41 U.S.C. 1903 as implemented by FAR 13.106-1(b)(1)(ii) Brand Name

Additional Information Regarding Statutory Authority if Applicable

Conduct maintenance services to two High pressure Air Compressors on designated NSGB Dive locker per the Joint Fleet Maintenance Manual’s preventative maintenance schedule and OEM. This performance work statement provides for the servicing of two Bauer K42 High Pressure Air Co.

Procurement Request/Solicitation/Purchase Order Number:

Control Number:

I. Background

II. DESCRIPTION OF ITEM OR SERVICE

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, the estimated cost/price, and the required delivery date/period of performance

Provides for the servicing of two Bauer K42 High Pressure Air Compressors (HPACs) for the Guantanamo Bay Dive Locker. The HPACs are required pieces of equipment to provide Diver’s breathing air for the Hyperbaric Recompression Chamber and all diving operations.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING:

A. ONLY ONE RESPONSIBLE SOURCE No

1. Restrictive Rights No 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 No 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.

3. Other Reasons No Provide details on mission impact if requirement is not solicited from only one source

B. BRAND NAME Yes

Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government's requirements and why a "brand name or equal" purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies' similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency's needs

The Manufacturer of Air compressor, Bauer Compressors Inc., specifies in its parts manual for the ‘K42V Compressors Bauer Technical Manual MNL-058206’ For Major repairs and/or overhaul, call Bauer Compressors, Inc or a factory authorized service representative.

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

Contracting Activity Approval

HEAD OF CONTRACTING ACTIVITY APPROVAL

Upon the basis of the above justification, I hereby approve, as Head of Contracting Activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of (Placeholder for US code citation)

HCA Approval