AML_Brand Name Justification.pdf

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Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

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 is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

AML Oceanographic, Inc Sound Velocity Sensors and Sound Velocity Profilers

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. N/A_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

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

[Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government�s need.]

2. _NA_ 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.

AUG 2018

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3. _X_ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

_X_ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. The proposed purchase AML Sound Velocity Profilers and Sensors including all ancillary equipment specified is intended to replace nearly identical AML Oceangraphic, Inc. Sound Velocity sensors and profiling equipment that are presently in disrepair and/or the equipment is no longer servicable. ML Hydro Branch stafff are already fully trained and possess expert level proficiency in the use of the AML equipment. Considering the operational condition of the existing equipment, it is critical that the equipment be installed as soon as possible. Consequently, the use of another equipment brand is not feasible due to the high probability of system integration problems, additional special training needed and several months of actual field use of the equipment required in order to achieve required proficiency. Lack of a sufficient level of expertise with the equipment can compromise the quality of the survey data collected.

C.N/A _UNUSUAL AND COMPELLING URGENCY. 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:

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:

4. If appropriate, include any additional pertinent information.

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IV. CERTIFICATIONS/APPROVALS:

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

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Date

James S. Georgo, P.E.