A.02.05 J&A for Sole Source_Brand Name - FEDCON.pdf

CUI//SP-PROCURE//FEDCON

Control No: LRH-FY22-39

Contracting Officer’s Determination – Limiting Competition at or below the

Simplified Acquisition Threshold

1. Contracting Activity: USACE, Huntington District, 502 8th Street, Huntington, WV 25701

2. Description of Action: W9123722Q0095 WQ Stream Gage Equipment

Nature: ☒ New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Order ☐ Blanket Purchase Agreement (BPA) ☐ Order/BPA against FSS Contract:

☐ Order against Multiple Award IDIQ Contract:

☐ Order against a single award IDC Contract:

☐ Modification to existing PO/TO/DO/Call Order

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours ☐ Cost Reimbursable ☐ Hybrid (insert percentage of each contract type)

Funds: ☐ Operations & Maintenance ☐ Army (OMA) ☐ CG funds ☒ Other Funds: Fiscal

FY: 2022

Name of Proposed Contractor(s) and Address:

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies:

The purpose of this procurement is for a vendor to supply the items in the quantities listed below. Sutron brand equipment is required because it is compatible with equipment that is already owned by the Government. Sutron brand equipment and parts must be interchangeable with the current Government inventory to facilitate usage, repairs, and maintenance.

Item Item No. Quantity SL3-LITE-BRKT Satlink 3 Lite logger with flat mounting bracket

SL3-LITE-BRKT

Satlink3 Logger/Transmitter with Display and Modem in Enclosure with LTE Cell Card

SL3-ENC-DISP-2C1 20

For Actions without Options:

Period of Performance: 7/30/2022

Total Value:

For Actions with Options*:

Base Period: Click or tap to enter a date. (insert completion date)

Option Period 1: Click or tap to enter a date. (insert completion date)

Option Period 2: Click or tap to enter a date. (insert completion date)

Option Period 3: Click or tap to enter a date. (insert completion date)

Option Period 4: Click or tap to enter a date. (insert completion date)

Option Period 5:Click or tap to enter a date. (insert completion date)

Value: $

Value: $

Value: $

FAR Clause 52.217-8 option: Click or tap to enter a date. (insert completion date)

Total: $

*Note: Option quantities or performance periods are typically not allowed in J&As citing Urgency. The total period of performance of a contract awarded using this authority may not exceed the time necessary to meet the requirements of the work to be performed and for the agency to enter into another contract for the required goods or services through the use of competitive procedures.

4. Authority: Select the appropriate authority below:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, 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)(A) Urgency ☐ 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) Only One Awardee is Capable ☐ FAR 16.505(a)(4) Brand Name ☐ FAR 16.505(b)(2)(i)(A) Urgency ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The minimum Government need is to procure the specified items in order to replace equipment that has become obsolete or unusable due to age. New equipment will be installed at various stream gages across the LRH District as upgrades to the gage network. The use of brand name descriptions is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☐ do not apply due to the dollar threshold, ☐ apply and will be followed, or ☒ do not apply due to an exception at 5.202 FAR 5.202(a)(13)

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 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 $25K. 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 6.305(f) ☐ FAR 8.405-6(b)(3)(iii)(A) ☐ FAR 8.405-6(b)(3)(iii)(B) ☐ FAR 8.405-6(b)(3)(iii)(C) ☐ FAR 16.505(a)(4)(iii(C)

7. Market Research: Charles Kozora of OTT Hydromet chuck.kozora@otthydromet.com (571) 443-0080) has provided a quote for all required equipment and related components. The solicitation will be posted on SAM.gov to allow for maximum practicable competition among small business vendors.

mailto:chuck.kozora@otthydromet.com

8. Other Facts: N/A

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Click or tap to enter a date.

[Technical/Requirements Name], [Title] Date

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis from previous purchases .

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Click or tap to enter a date.

[Name], Contracting Officer Date

Date: 2022.06.16 15:26:25 -04'00'

Alan B. Clark Digitally signed by Alan B. Clark Date: 2022.05.24 14:42:39 -04'00'