Brand Name Justification.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.5 (14 March 2023)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Requirement is for the purchase of one (1) URC-300 Radio Transceiver Assembly with Power

Distribution Cable, URC-300 Battery Case, Rechargeable Lithium Ion Battery with SMBus, AC/DC Power Supply, and 30-90MHz Software Feature manufactured by General Dynamics

Corporation. The URC-300 transceiver will be used to communicate with training personnel aboard the installation. The required delivery date is 3 May 2023.

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.

3. ___ OTHER REASONS.

B. _X__ BRAND NAME

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.5 (14 March 2023)

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

Range Control currently uses Government owned URC-200 radios manufactured by General Dynamics Corporation. The URC-200 is obsolete and has reached the end of its useful life. General Dynamics Corporation no longer manufactures the radios or spare parts. The required URC-300 is a direct replacement for the URC-

200 and is backward compatible. This will allow the use of existing Government owned equipment including rack systems, automatic keying systems, and amplifiers. Market research shows that other radios with similar features are not compatible with the existing Government owned equipment.

C. ___URGENT AND COMPELLING. 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. Required delivery date/period of performance:

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