FAR_13_-_SINGLE_Source_-_Brand_Name.docx

Version 1.0

1305M218BNAAA0014

SINGLE SOURCE DETERMINATION USING

SIMPLIFIED ACQUISITION PROCEDURES (SAP)

FOR AN ACTION NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 13.106-1(b)(1))

RFQ 1305M218BNAAA0014

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD), Office of Marine and Aviation Operations (OMAO)

2. Description of supplies or services required to meet agency needs (including the estimated value). OMAO proposes to purchase a quantity of 600 OCENCO, Inc. Emergency Escape Breathing Devices (EEBDs) required for Safety of NOAA’s vessels’ crew, with a one-year option to purchase up to an additional quantity of 700. These items have a shelf life, and the immediate requirement is for replacement of expiring units currently onboard some of NOAA’s vessels. The EEBDs are commercial off-the-shelf (COTS) items; consequently, a firm fixed-price commercial purchase order is contemplated in accordance with the format at FAR Subpart 12.6, pursuant to FAR Parts 12 and 13.5. The estimated value, including the option quantity, is ($REDACTED).

3. Identification of the single source or the brand name to be solicited. OCENCO, Inc., 10225 82nd Avenue, Pleasant Prairie, WI 53158, Brian Tuckey, (262)947-9000, x 219

4. Supporting rationale. Only one source or brand name is reasonably available as detailed below:

Brand Name – The OCENCO, Inc. EEBD is essential to the requirement and market research indicates similar products do not meet or cannot be modified to meet agency needs. The US Navy conducted detailed research and made a determination to use only this item and to stock only this brand name item and model in their National stock system, under NSN 4240014395397. The US Coast Guard subsequently made a similar determination and also uses only this brand name EEBD for their vessels. In 2004, NOAA OMAO executed CD492 to justify a fleet-wide purchase of this same item to stock on its vessels. This item requires engineering source approval by the design control activity (US Navy) in order to maintain the quality of the item. Whereas two other manufacturer part Nos. were associated with this NSN in the past, only one supplier, OCENCO, Inc. is deemed design controlled or valid supply parts. As a result, a “brand name or equal” purchase description cannot be used. The item has a shelf life, and many of the units are coming up on their expiration date; therefore, must be replaced with fresh units. These items are essential to the safety of NOAA’s vessels’ crews. The OCENCO, Inc. EEBD is also NIOSH (National Institute for Occupational Safety and Health) and Safety of Life at Sea (SOLAS) approved. NOAA vessels’ crews have been trained in the use of these specific EEBDs, which can be donned in seconds, even in a smoke-filled environment, and provide up to 32 minutes of protection. Not replacing the expiring units could place NOAA vessels’ crews in unnecessary life threatening danger in the event of a fire or similar emergency.

5. Market Research.

Recent market research revealed that the US Navy is no longer stocking this item in the National Stock System due to the limited shelf life of the items. They have coded these items as critical to ensure source inspection at the point of manufacture in order to ensure the highest possible degree of quality and reliability of the items. As a result, their current acquisition method is to acquire these items directly from the manufacturer. The manufacturer, OCENCO, Inc., is a small business. They have stated that they have no direct dealers for this item when selling to the Federal Government.

6. Technical/Requirements Representative Certification

I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

Technical/Requirements Personnel, OMAO

7. Determination

I hereby determine that the circumstances of this action deem only one source is reasonably available. This determination is accurate and complete to the best of my knowledge and belief.

Source Selection Information – see FAR 2.101 and 3.104

Source Selection Information – see FAR 2.101 and 3.104