ATTACHMENT - (NEW BRAND NAME JUSTIFICATION).pdf

MEMORANDUM TO THE FILE

SUBJECT: 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

Manufacturer or Service Provider: Morrison Industries (Cage-8NP54) parent of SteelStack Point of Contact: Joshua Glenn Phone Number: (847) 431-1201 Street: 1633 West Main Street, Suite-1200 City: Lebanon State: TN Zip Code: 37087

Dealer Representative (if applicable): ________________________________________________

Point of Contact: __________________________ Phone Number: ________________________

Street: _________________________________________________________________________

City: _______________________ State: ________________ Zip Code: ________________

Estimated Cost: ______________________

Required Delivery Date or Period of Performance: 05/31/2023

Provide a description of the item or service required, to include its intended use. If applicable, provide manufacturer part number.

SteelStack sheet metal storage rack. The rack requested is 5' x 10' and 6' tall with 8 cartridges to stack various types of sheet metal.

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

BASED ON THE FOLLOWING: (select all that apply):

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

1. ☐ 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. ☐ 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.

Explain the circumstances surrounding why the item or service is only available from the manufacturer or service provider.

OR

Provide evidence of the exclusive licensing agreement as an attachment to this document.

NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank.

3. ☐ OTHER REASONS

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

B. X BRAND NAME

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

Discuss why you are precluding consideration of a product manufactured by another company.

Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

SteelStack, a subsidiary of Morrison Industries, owns proprietary rights of the design of their sheet metal rack cartridges. They are developed and manufactured for higher efficiency to safely load/unload sheet metal. Each cartridge has a 5,000LB load capacity. The design of the cartridge provides ease of loading/unloading sheets of metal directly on or off the cartridge. This design helps skip steps and cuts down time for the process of onloading/offloading sheets of metal and is a safer way/process to do so.

These SteelStack racks are also built modular and are stackable. They can be modified to suit our needs and floor space limitations. If we need more storage racks in the future, we can purchase more of these to stack right on top of these ones that we want to purchase now.

We are currently moving our whole shop operations to B-155, where floor space is limited.

Our overall layout of our shop fabrication area will be decreased by about 30%, therefore making space a precious commodity.

The racks also come with a safety pin system to lock sheets from sliding and falling over the side of the rack and possibly hurting someone.

Measurements for the space are all based on the Morrison Industries product. Using any other Brand would result in having to re-measure the entire space and ensure that safety specs meet regulations and all other material needs. All of this would cost more time and money which could cause a delay with properly receiving material.

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

Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

3. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS

A. Technical / Requirements Certification (Requiring Activity):

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.

Name: ___________________________ Title/Position:

Activity: ____________________________________________________________________

Phone Number: ___________________________

Signature: ___________________________________________ Date: ______________

B. Approval (Contracting Activity):

Contracting Officer’s Name: ____________________________________________________

Signature: ___________________________________________ Date: ______________