Brand Name Justification 20T0017.pdf

MVM-JA-20-05

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: USACE MVM, 167 N. Main Street, Memphis, TN 38103

2. Description of Action: MV Mississippi HVAC Units

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours

Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 20

Name of Proposed Contractor(s) and Address:

Brand Name Buy: Yes No

3. Description of Services or Supplies: The contractor shall supply, deliver and install one (1) Aaon outside Air Unit and ten (10) Carrier HVAC units.

Total Value: $ 148,000 (Government Estimate)

4. Authority::

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

The Aaon brand HVAC unit is the only brand compatible with the MV Mississippi Motor Vessel Fire system and the Carrier brand HVAC is compatible MV Mississippi Motor Vessel system and meets the Coast Guards regulations, which is a requirement of the Motor Vessel

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an 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 is under $150K, no posting required

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:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C)

FAR 16.505(a)(4)(iii(C)

7. Market Research: It has been determined that this acquisition falls under NAICS code 238220 (Plumbing, Heating, and Air-Conditioning Contractors), with a small business size standard of 16,500,000 dollars. A Small Business Dynamic Search profiling Alabama, Kentucky, Mississippi, and Tennessee resulted in 777 small business under the NAICS code. Couple with past USACE HVAC Units procurements, indicates that there are small business that can provide the brand name that is being requested.

8. Other Facts: The Aaon brand HVAC unit is the only brand compatible with the MV Mississippi Motor Vessel Fire system and the Carrier brand HVAC is compatible MV Mississippi Motor Vessel system and meets the Coast Guards regulations.

9. 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: Robert Morton Date:

Title: Chief Engineer

Signature:

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10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon (1) Technical Acceptability,

(2) Satisfactory Past Performance & (3) Price. The government will issue an award to the Offeror whose proposal is the Lowest Price to those determined to meet the minimum requirements to be determined Technically Acceptable & Demonstrates Satisfactory Past Performance.

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

Typed Name: Monica Moody Date:

Title:

Signature:

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