Attachment 1 Brand Name Sole Source.pdf

For Supplies At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

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1.0 CONTRACTING ACTIVITY:

ARMY CONTRACTING COMMAND – ABERDEEN PROVING GROUND

TOBYHANNA DIVISION

11 HAP ARNOLD BLVD

TOBYHANNA, PA 18466‐5100

2.0 DESCRIPTION of ACTION:

FISCAL YEAR: OMA AWCF OTHER:

NEW REQUIREMENT FOLLOW‐ON REQUIREMENT PAN NO.:

PURCHASE REQUEST NO.: MORE THAN 1 PR? NO YES

YES BRAND NAME ONLY? NO

NAME of PROPOSED CONTRACTOR and ADDRESS:

3.0 DESCRIPTION of REQUIREMENT:

REQUIRED DELIVERY DATE: TOTAL VALUE:

TYPE of CONTRACT:

FIRM FIXED PRICE

TIME & MATERIALS/LABOR HOURS HYBRID

COST REIMBURSABLE

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

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4.0 AUTHORITY:

FAR 13.106‐1(b)(1):

PURCHASES NOT EXCEEDING the SIMPLIFIED ACQUISITION THRESHOLD, (SAT), $250,000.00, 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(a)(4): BRAND NAME FAR 16.505(b)(2)(i)(A): URGENCY

FAR 16.505(b)(2)(i)(B): ONLY ONE AWARDEE is CAPABLE FAR 16.505(b)(2)(i)(C): LOGICAL FOLLOW‐ON

FAR 16.505(b)(2)(i)(D): MINIMUM GUARANTEE

5.0 REASON for AUTHORITY CITED:

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

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6.0 PUBLICIZING CONTRACT ACTIONS:

FOR FAR PART 13 ACTIONS, the PUBLIC DISPLAY and SYNOPSIS REQUIREMENTS of FAR 5.101 and 5.203…

(a) … do NOT apply due to the $25,000.00 threshold; (b) … apply and WILL be followed;

(c) … do NOT apply due to exception at 5.202

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 will be followed.

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:

7.0 MARKET RESEARCH:

8.0 OTHER FACTS:

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

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9.0 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:

DATE:

TITLE:

10.0 CONTRACTING OFFICER CERTIFICATION / APPROVAL:

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 to the availability of funds and provided that the supplies herein described have otherwise been authorized for acquisition.

THIS JUSTIFICATION IS: APPROVED NOT MET

TYPED NAME:

DATE:

TITLE:

For Example: W25G1V#######1 : Screws; W25G1V#######2 : Bolts; W25G1V#######3 : Nails

MTU Motors are manufactured by:

Rolls-Royce Solutions America Inc.

39525 MacKenzie Drive Novi, Michigan 48377

USA

Phone: +1 248 560 8000

- Briefly describe EXACTLY what supply item(s) to be purchased.

- Describe PLAINLY and CLEARLY.

- Include quantities and, part/serial/make/model numbers.

- AVOID unneccessary technical language and abbreviations. (Just because YOU know what it means, does not mean that the person(s) reading it knows what it means).

REMEMBER:

- This document is VERY LIKELY to be posted to the public, (as required by Federal Regulation).

- This description needs to be comprehensible to ALL potential readers, from the proposed contractor,to their immediate and potential competitors, to the civilians who's only hobby is looking into government spending.

0_(00A) SHOW RED TEXT AGAIN:

A contractor could not purchase a similiar size engine and replace the existing engine. All the hoses, clamps, etc would not line up correctly for install. It would also void any warranty on the generator assembly by placing a non OEM part inside. Additionally, the generator is tested and designed for a specific engine, any other engine would not allow the generator to perform correctly and optimally.

J & A Log # JA-23-Toby-253

0_(2B) RED TEXT:

- What is so different/special about this contractor, (unique capabilities, expertise, etc.), that justifies omitting opportunity for any and all other contractors within the same field/commodity?

- Explain why or how this is the only brand that will meet the Government’s needs. (Brand Name Only Requirements)

- Explain why purchasing similar items by competing brands & altering them "in-house" will NOT meet the Government's needs. (Brand Name Only Requirements)

- Describe the negative effects/serious injury to the Government or mission of the requiring activity if this justification is NOT approved and the item(s) cannot be provided by the intended sole source contractor.

- When stating substantial duplication of costs or unacceptable delays, you must include information on HOW it will cause these extra costs and delays. WHY the duplication of costs and/or delays are unacceptable.

REMEMBER:

- This document will be viewable to any and all of the contractors that you are trying to exclude from competition.

- Facts are your friend! Using words such as "probably" and "may" will only weaken your argument and give the impression that your justification is guess-work.

- Any version of the phrase "... the customer wants it..." is irrelevant.

Discuss any other facts which support the use of a sole source for this effort.

Include the procurement history of the item/service.

If this is a modification, include whether or not the contract award was competitive or not.

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