SIGNED_6WA411_BNJ.pdf

SIMPLIFIED ACQUISITION PROCEDURES (SAP)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (J&A)

SOLICITATIONS MAY LIMIT SOURCES ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY THOSE

SOURCES ARE REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL

JUSTIFICATION FOR LIMITED SOURCES FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY, THE JUSTIFICATION MUST EXPLAIN WHY THE BRAND NAME ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. THE

CUSTOMER SHALL PROVIDE THE FOLLOWING INFORMATION:

PURCHASE REQUEST OR

REQUISITION NUMBER

21-153156WA411

PROJECT/TASK NUMBER

0704743000/I26SFLCALA3B163

ESTIMATED AMOUNT (OVER

$2,500 FOR SERVICES, $3,000 FOR

SUPPLIES, BUT NOT EXCEEDING

$150,000) $ 5228.54

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE:

Wichard part number 2478, or equal to or better than the product listed having the following salient characteristics: Must be forged stainless steel snap shackle, 4-3/4"L Tack Shackle, 1-1/32" Snap, 1-3/8" Bail, with 6650 lb weight capacity.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO THE OEM AND THEIR DISTRIBUTORS, WITH THE

REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED:

___ Repair parts only available through original equipment manufacturer (OEM) and their suppliers. A market survey has been conducted to support this statement. Additional / supplemental details must be provided (see below discussion concerning market research).

__x_ Similar products lack features that are necessary to meet the Government’s minimum needs. Specific detailed features must be provided to support use of this reason, to include “how does the customer know that similar products lack necessary features?”:

Wichard currently is the only manufacturer of a snap shackle that has the characteristics that are required for this project. Suncor is a US Manufacturer of a similar product but is not large enough and does not have the weight capacity; Peterson is a British Manufacturer of a similar product, but again is not large enough and does not have the weight capacity. There are several overseas manufacturers of shackles but are inferior materials and do not meet the salient characteristics necessary for this project requirements.

• ___ Other contractors are not qualified to perform necessary services. Specific detailed qualifications must be provided to support use of this reason, to include “how does the customer know that other contractors are not qualified?”

__x_ Other (specify); hint, such justifications as “we used them before” or “we like them” are not acceptable:

Other products available are inferior products and do not meet the salient characteristics of the project’s requirements.

BRIEF DESCRIPTION OF MARKET RESEARCH CONDUCTED:

Searched GSA schedule holders, called various vendors/distributors on the open market and searched catalogues for this product or equal to or better than. Some carry the actual WICHARD PRODUCT needed (Part number 2478); but there is no availability for an “equal to or better than” product that will fulfill the needs of this project.

REASON THAT SUGGESTED SOURCE AND THEIR DISTRIBUTORS ARE THE ONLY SOURCES WHICH CAN

PROVIDE THE SUPPLIES OR SERVICES:

___ The source has exclusive proprietary rights in the item or service required. Specific details must be provided to support use of this reason, to include “how does the customer know that the source has exclusive proprietary rights?”

___ The work is so closely related to that of an on-going contract that is would not be possible to consider another potential contractor. Provide specifics with respect to the “on-going” contract and specific details to the Contracting Officer demonstrating / documenting that it is not possible to make award to another contractor:____________

_X__ Other (specify); hint, such justifications as “we used them before” or “we like them” are not acceptable:

The Wichard product is carried by several vendors on the open market, but there are no equal to or better than products with the necessary salient characteristics needed to complete this project.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY

FULL AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE:

• ___ Compatibility with existing equipment. Specific details must be provided to document existing equipment value and special features, which require compatibility that no other manufacturer can provide

___ Item is required to maintain configuration control as directed by Commandant Instruction (Fill In Number), (Fill In Title).

_X__ Brand Name: Brand name by itself is NOT sufficient justification for the Contracting Officer to waive the Competition-In-Contracting Act (CICA). FAR 6.302-1 states “An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. It shall be justified and approved in accordance with FAR 6.303 and 6.304. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.” Discuss why the Government is unable to identify “Form, Fit and Function”, or other salient characteristics that the Contracting Officer could use to compete this requirement:

Requirements and salient characteristics – including size and weight requirements - limit the sources available to complete this project.

___ Other (specify):

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED (“Not Applicable” is not an acceptable answer):

The product needed is carried by several vendors and should NOT be considered SOLE SOURCE or BRAND NAME as many of the vendors/distributors retag the product with their own numbering system – i.e. McMaster Carr; and several vendors carry it under the Wichard product number 2478; i.e., Wichard-Sparcraft, Tulsa Chain, Marine Rigging, and KMMI.

SIGNATURE AND TITLE OF CUSTOMER

John Kowalkowski, Civ

CODE

TELEPHONE NUMBER

510-437-3143

DATE

11-Sep-15

SIGNATURE OF CONTRACTING OFFICER

Jorge Gonzalez, SKC

CODE

TELEPHONE NUMBER

510-437-3669

DATE

https://www.acquisition.gov/far/current/html/Subpart%206_3.html%23wp1086971 https://www.acquisition.gov/far/current/html/Subpart%206_3.html%23wp1086998