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:

Point of Contact: Rick Hipp Phone Number:

Street:

City:

State: Zip Code:

Dealer Representative (if applicable): n/a

Point of Contact: Phone Number:

Street:

City: State: Zip Code:

Estimated Cost:

recurring MSM replenishment

Required Delivery Date or Period of Performance:

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

HIPPWRAP TAPE, PART NUMBER 704WFR, SHOPSTORE LSN 9330LLL270213

TESTING DONE IN ACCORDANCE WITH PSTC, ASTM and NFPA STANDARDS WITH THE FOLLOWING NOMINAL VALUES.

(1) 4"WIDE(TRADE SIZE)(96mm ACTUAL WIDTH) X 180' FOOT ROLLS X 7.5-8.0 MILS THICK

(2) HEAT SHRINK WHITE POLYETHYLENE FILM WITH SPECIAL ADDITIVES INCLUDING FR and UV INHIBITORS

(3) HIGHLY CONFORMABLE TO IRREGULAR/UNEVEN SURFACES

(4) HAND TEARABLE

(5) AGGRESSIVE PRESSURE SENSITIVE SYNTHETIC RUBBER ADHESIVE ALLOWS BONDING TO MOST SUBSTRATES, INCLUDING 85 OUNCE PER INCH ADHESION TO STEEL

(6)TENSILE STRENGTH 25PSI

(7)ELONGATION 95

(8)APPLICATION TEMPERATURE RANGE +40 DEG F TO +120 DEG F

(9)OPERATING TEMPERATURE RANGE +20 DEG F TO +200 DEG F

(10) FIRE RETARDANT WITH "NFPA701 FR" MARKED ON EVERY CORE AND EVERY CASE

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. ☐✔ 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.

MATERIAL REQUIRED TO BE COMPATABLE WITH HEAT SHRINKABLE

HIPPWRAP POLYETHYLENE FILM FOR CONTAINMENT/ENCLOSURE

CONSTRUCTION, SHOPSTORE LSN 9330LLL270389, P/N 264FR.

MATERIAL TESTED & PROVEN TO BE ENVIRONMENTALLY ROBUST, WITH

THE ABILITY TO ENDURE FOR MONTHS IN HAWAII'S HEAT, HUMIDITY,

SUNLIGHT & HEAVY WINDS, ALONG WITH THE CAPACITY TO WITHSTAND

SANDBLASTING & THE USE OF HIGH SOLID PAINTS WITHIN THE

ENCLOSURE.

OTHER BRANDS HAVE BEEN TRIED AND FOUND TO BE OF POOR QUALITY &

INCOMPATIBLE WITH THE CONTAINMENT/ENCLOSURE FILM IT WAS

ENGINEERED & DESIGNED TO WORK WITH.

FAILURE OF CONTAINMENT/ENCLOSURE SYSTEMS TO PREVENT

UNCONTROLLED RELEASES OF HAZMAT COULD LEAD TO THE REVOCATION

OF STATE & FEDERAL EPA WORK PERMITS.

THIS WOULD LEAD TO IMMEDIATE CESSATION OF WORK AT PHNSY.

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.

HIPPWRAP TAPE IS USED WITH HIPPWRAP FILM ON EVERY AVAILABILITY

WITHIN THE DRYDOCKS TO PREVENT RELEASE OF HAZARDOUS

MATERIALS INTO THE ENVIRONMENT.

HIPPWRAP ENCLOSURE/CONTAINMENT FILM, PART NUMBER 264FR

TESTING DONE IN ACCORDANCE WITH PSTC & ASTM STANDARDS WITH THE FOLLOWING NOMINAL VALUES.

(1) 26 FEET WIDE X 62 FEET LONG X 9.0 MILS THICK

(2) HEAT SHRINK WHITE POLYETHYLENE FILM WITH SPECIAL ADDITIVES INCLUDING FR & UV INHIBITORS

(3) TENSILE STRENGTH 2500MD/2400TD (md= machine direction td= transverse direction) IAW ASTM-

D882 (4)ELONGATION 600MD/700TD IAW ASTM-D882

(5)DART IMPACT TEST 750 GRAMS IAW ASTM-D1709

(6)DENSITY 0.920 GRAM PER CUBIC CENTIMETER

(7)COEFFICIENT OF FRICTION 0.40 IAW ASTM-D1894

(8)APPLICATION TEMPERATURE RANGE +40 DEG F TO +120 DEG F

(9)OPERATING TEMPERATURE RANGE +20 DEG F TO +120 DEG F

(10) FIRE RETARDANT WITH “NFPA701 FR” MARKED ON EVERY ROLL & BOX

(11) HIPPWRAP 264FR ENCLOSURE/CONTAINMENT FILM IS A SPECIALTY PRODUCT TESTED & PROVEN TO BE COMPATIBLE WITH HIPPWRAP 704WFR TAPE IN TERMS OF PROPER ADHESION & COMPARABLE RATES OF

REDUCTION DURING THE HEAT SHRINK PROCESS

(12) TESTED & PROVEN TO BE ENVIRONMENTALLY ROBUST, WITH THE ABILITY TO ENDURE FOR MONTHS IN HAWAII’S HEAVY WINDS, HEAT, HUMIDITY & SUNLIGHT, ALONG WITH THE CAPACITY TO WITHSTAND HEAVY

SANDBLASTING & USE OF HIGH SOLID PAINTS WITHIN THE ENCLOSURE

HIPPWRAP TAPE, PART NUMBER 704WFR

TESTING DONE IN ACCORDANCE WITH PSTC, ASTM and NFPA STANDARDS WITH THE FOLLOWING NOMINAL

VALUES. (1)4"WIDE(TRADE SIZE)(96mm ACTUAL WIDTH) X 180' FOOT ROLLS X 7.5-8.0 MILS THICK

(2) HEAT SHRINK WHITE POLYETHYLENE FILM WITH SPECIAL ADDITIVES INCLUDING FR and UV INHIBITORS

(3) HIGHLY CONFORMABLE TO IRREGULAR/UNEVEN SURFACES

(4) HAND TEARABLE

(5) AGGRESSIVE PRESSURE SENSITIVE SYNTHETIC RUBBER ADHESIVE ALLOWS BONDING TO MOST SUBSTRATES, INCLUDING 85 OUNCE PER INCH ADHESION TO STEEL

(6)TENSILE STRENGTH 25PSI

(7)ELONGATION 95

(8)APPLICATION TEMPERATURE RANGE +40 DEG F TO +120 DEG F

(9)OPERATING TEMPERATURE RANGE +20 DEG F TO +200 DEG F

(10) FIRE RETARDANT WITH "NFPA701 FR" MARKED ON EVERY CORE AND EVERY CASE

(11) HIPPWRAP 704WFR TAPE IS NOT FOR GENERAL USE, BUT A SPECIALTY PRODUCT TESTED & PROVEN TO BE COMPATIBLE WITH HIPPWRAP 264FR CONTAINMENT FILM IN TERMS OF PROPER ADHESION & COMPARABLE

RATES OF REDUCTION DURING THE HEAT SHRINK PROCESS

(12) TESTED & PROVEN TO BE ENVIRONMENTALLY ROBUST, WITH THE ABILITY TO ENDURE FOR MONTHS IN HAWAII'S HEAT, HUMIDITY, SUNLIGHT & HEAVY WINDS, ALONG WITH THE CAPACITY TO WITHSTAND

SANDBLASTING & THE USE OF HIGH SOLID PAINTS WITHIN THE ENCLOSURE