A02 JA -Brand Name-.pdf

Control No: JA-21-Hua-582

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Army Contracting Command (ACC) – APG-Fort Huachuca Division, 2133 Cushing Street Bldg 61801, Fort Huachuca, AZ 85613.

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number: TBD

Blanket Purchase Agreement (BPA) Number _______________

Order/BPA# _______ against FSS Contract #_____________

Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 2021

Name of Proposed Contractor(s) and Address: N/A

TBD

Brand Name Buy: Yes No

3. Description of Services or Supplies:

Requesting 6ea Fluke 376 FC; 2ea AEMC Ground Resistance Tester; 2ea AEMC 6418 Ground Resistance Testers; 2ea Fluke 561 HVAC Thermometer; 2ea Fluke 179 True RMS AC; 2ea RI-700H Refrigerant Analyzer; 2ea Fluke 1664 FC Installation Tester;

2ea A-ALT5X Multigas Detector; and 1kt Fluke Networks, DSX28000ProNW-GLD, 2GHZ PRO KIT V2.

Total Estimated Value: $ 94,709.17

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 Brand Name equipment required by our subordinate units. This equipment has unique capabilities used to install, test, and monitor the network. Purchasing equipment other than unit’s requested requirements, will risk our ability to sufficiently sustain the network trustworthiness. Also alike Brand Name equipment are currently on-hand and with new COTS TMDE it will enhance the similar functionality in protecting network security, and infrastructure security. Without the ability for NETCOM to procure state-of-the-art Commercial Off-The-Shelf (COTS) equipment, we are vulnerable to threats associated with network security, infrastructure security, and the reliability of the network to provide NETCOM organizations the tools necessary to conduct and accomplish their mission.

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 $ threshold, apply and will be followed, or do not apply due to an exception at

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 $150K, 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: Independent prices were determined based on using Open Market research thru the internet, GSA Advantage pricing site, and requested non-committal quotes from vendors.

8. Other Facts: The sole source Brand Name testing equipment has certified unique functionality in supporting our mission of validating the NETWORK reliability. Upon open market research find no other authorized sources that can provide the unique testing functionality required by our units.

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.

Typed Name: Mr. Biza, Biza Title: Logistics Management Specialist

Signature:

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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..

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.

Typed Name: Michael McManus Title: Contracting Officer

Signature:

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