P06 - FAR 13.5 Single Source or Brand Name Justification Exceeding SAT 1136851_cdx MS PDF_Redacted.pdf

identify interest and technical capability to meet this requirement. If any company shows interest, information will be considered before the award stage.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Contracting officer determines anticipated price will be fair and reasonable based on prior acquisition history (FAR 15.404-1(b)(2)(ii)). Trimble products are priced in accordance with USDA BPA 12760421A0001, FY23 pricing already determined fair and reasonable.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Survey of the market was conducted for any additional resellers. Frontier Precision, Inc. is the sole authorized dealer for Trimble equipment in South Dakota.

9. Any other facts supporting the use of other than full and open competition.

None

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

1. Frontier Precision.

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

Government will continue to monitor market for future competition.

Certifications & Approvals

Supporting data which form the basis for and included in this justification are certified accurate and complete.

Management Analyst

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Brantt Lindsey Contracting Officer

08/26/2024

Additional Reviews & Approvals

Advocate for competition for the procuring activity (if over $750,000). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity/MASCO, I hereby approve this justification.

Insert Name of the Procuring Activity Competition Advocate/MASCO Title:

Procuring Activity Advocate for Competition

Notes and Guidance. Delete these notes prior to finalizing document for signature.

Acquisitions using the procedures in FAR Part 13.5 (e.g., commercial supplies/services valued at more than the Simplified Acquisition Threshold (SAT) but not exceeding $7.5 million, including options), are exempt from the requirements in FAR Part 6; however, Contracting Officers must conduct sole source acquisitions (including brand name) under FAR 13.501 only if the need to do so is justified in writing and approved at the levels specified in FAR 13.501(a)(2).

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition to the maximum extent practicable. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form.

Advance planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and 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. See below for posting requirements.

Posting. Contracting Officers shall make justifications publicly available (excluding brand name) within 14 days after contract award, in accordance with FAR 13.501(a)(1)(iii) and the procedures at FAR 6.305(a). In the case of unusual and compelling urgency, justifications shall be made publicly available within 30 days after contract award in accordance with FAR 13.501(a)(1)(iii) and the procedures at 6.305 (b), (d), (e), and (f). Brand name justifications shall be posted with the solicitation in accordance with FAR 5.102(a)(6).

Screening. Before posting this Justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for electronic signatures. Adobe signature blocks shall include dates.