Brand Name Determination for 3173V100.pdf

See FAR 2.01 and 3.104

Last Updated: Feb 2023

MEMORANDUM FOR THE RECORD (MFR)

(This is only applicable to acquisitions under the Simplified Acquisition Threshold ($250,000). Acquisition using

FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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

THE SIMPLIFIED ACQUISITION THRESHOLD JML# 3173V100

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:

1) Siemens Echomax XPS-10 ultrasonic level transducer

2) Switchcraft P/N: SL403MX 3-contact male plug

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.

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.

OR

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

The Government requires a Siemens Echomax XPS-10 with a Switchcraft P/N SL403MX plug. Existing

Government equipment includes a Siemens HydroRanger 200 level indication meter with a Switchcraft P/N SL103F socket. The required Siemens Echomax XPS-10 directly connects Siemens HydroRanger 200 level indication meter via the Switchcraft P/N SL403MX plug into the Switchcraft P/N SL103F socket. This existing Siemens

HydroRanger 200 is proprietary and is only compatible with Siemens products. The Switchcraft P/N SL103F socket is proprietary and is only compatible with Switchcraft plugs. Without the required compatible Echomax XPS-10 and

Switchcraft P/N SL403MX plug, the existing Government equipment will not function.

See FAR 2.01 and 3.104

Last Updated: Feb 2023

IV. CERTIFICATIONS/APPROVALS:

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.

Victoria Johnson

Typed or Printed Name Technical Representative Signature

B. Contracting Officer Determination: Based upon the rational contained herein the Contracting

Officer herby determines that the circumstances of the contract action deem only one source reasonably available IAW FAR 13.106-1(b)(1)(i).

Contracting Officer

Typed or Printed Name Contracting Officer Signature