A03_JA Badger Meter.pdf

CUI

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.4 (03 October 2022)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION FOR A FAR

PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Marine Depot Maintenance Command Production Plant Albany (MDMC PPA) has a requirement for the Raw Data Calibration with Programing of Badger Meter Turbine Flow Meter Models: C-LB45-A010-MIL

/ C-LB45-A009-MIL.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Market research shows Badger Meter Inc. being the sole provider of the calibration and programing services sought.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the

Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

B. _ _ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

Controlled by: DON, USMC, I&L HCA

Controlled by: MARCORLOGCOM MCFCS

CUI Category(ies): PROCURE

Limited Dissemination Control: DISPLAY ONLY

POC: MARCORLOGCOM Contracts Department

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

CUI

V 1.4 (03 October 2022)

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date