Brand Name Justification and Approval for Other Than Full and Open Competition.pdf

August 2020

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION

NUMBER

2023110-CM01

PROJECT/TASK

NUMBER

ESTIMATED AMOUNT (Over Micro- Purchase Threshold, but up to the SAT)

$16,695.00

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING OFFICE, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.” PLEASE CITE THE

AUTHORITY AND TYPE OF JUSTIFICATION.

The United States Coast Guard (USCG), Aviation Logistics Center (ALC), Industrial Operations

Division (IOD) anticipates the award of a firm-fixed price purchase order on a brand name basis. This justification for other than full and open competition is submitted for approval in accordance with

(IAW) Federal Acquisition Regulation (FAR) 6.303-1(a) using the authority in FAR 6.302-1(c) – only one responsible source and no other supplies or services will satisfy agency requirements.

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE.

The USCG intends to purchase the items shown in the table below on a brand-name basis and require that vendors provide traceability to the Original Equipment Manufacturer (OEM) if they are not the

OEM or an authorized distributor of the OEM.

Line Item Nomenclature Part Number (PN) Quantity

1 ABS Black Filament 355-02112 10 each

2 ABS Red Filament 355-02114 10 each

3 ULTEM 9085 Black Filament 355-02311 10 each

This is 3D printer consumable material used in the existing Stratasys Fortus printers to manufacture prototypes and parts to test feasibility of use (form, fit and function).

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER

SUPPLIES OR SERVICES CAN BE USED.

The materials to be purchased under this acquisition are highly specialized and are designed specifically for use in Stratasys Fortus 3D printers. Both the Fortus printers and these materials are designed and manufactured by Stratasys, Inc. (CAGE Code 1GKB4). As the OEM of these materials, Stratasys, Inc. owns all rights to the technical data, specifications, and drawings required for their manufacture. The rights to the technical data required in order to acquire these materials from other than the OEM or an OEM approved source are not owned by the Government and it has been determined that it is uneconomical to purchase these rights. These specific materials are the only materials compatible with the Fortus 3D printers. The use of materials that are not approved by the

OEM would void the printer’s warranty and the preventative maintenance contract.

August 2020

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE).

Extensive market research was conducted using both Government and commercial sources. This included querying the following information systems and web sites: Defense Logistics Agency (DLA)

Federal Logistics Information Service (WebFLIS); Department of Defense Electronic Mall (DoD

EMall); General Services Administration (GSA) Advantage online purchasing service; Inventory

Locator Service e-marketplace (ILSmart); internet search engines; and the OEM’s web site. These items are not available from any required or optional source of supply IAW FAR 8.002.

Several commercial distributors were identified in addition to the OEM. A combined synopsis/solicitation will be posted to Contract Opportunities at www.sam.gov IAW FAR 5.101(a)(1).

The OEM and authorized distributors will be notified of this posting to FBO. All responsible sources may submit a quotation which shall be considered by the agency.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

As the OEM, Stratasys owns the rights to the technical data, specifications, and drawings required to manufacture these items. Stratasys has not licensed the rights to the technical data required to manufacture these items so there are no other sources capable of their manufacture.

The USCG is conducting a brand-name acquisition. Any offeror that is able to provide the brand name items and part numbers, including the ability to submit documentation showing clear traceability to the

OEM or to demonstrate that they are a distributor officially authorized by the OEM, will be considered for award.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL

AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE.

These specific materials are the only items compatible with the Fortus 3D printers. The use of materials that are not approved by the OEM would void the printer’s warranty and the preventative maintenance contract. The Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture these materials. In addition, the Government has not developed the technical data required to manufacture these materials. The purchase or development of the technical data required to manufacture these materials has been deemed uneconomical.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED.

As previously stated, the Government does not own or possess any rights to the technical data, specifications, and drawings required to manufacture these items which has prevented the USCG from being able to provide an adequate technical description to potential new sources. Therefore, it is difficult to take steps to foster competition when the manufacturing, performance, and acceptance data are proprietary to the OEM.

SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Lauren Poirrierxxxxxxxxxxxxxx

Supply Specialist, IODxxxxxxx

(252) 335-6276

12 April 2023

SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER

DATE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kathrine R. Leachxxxxxxxxxxxxx

Contracting Officer – ESD/IODx

(252) 335-6895

12 April 2023 http://www.sam.gov/