Brand Name Justification - Preformed Line Products.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:

Grommet, Double Hole, P/N: 8003663, Grommet, Single Hole, P/N: 800369, End Plate

Kit, 2-Section 6.5”, P/N: 8003540, Splice Tray, P/N: 80806033, End Plate Kit, 3-Section

9.5”, P/N: 800081098

The above items are being used exclusively throughout the Camp Lejeune Area for the installation and expedient repair of Voice and Data Cables. These items are designed to work seamlessly with existing Infrastructure, Preformed Line Products, RDD 30 June

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.

The items identified are manufactured by Preformed Line Products to work with

Splice Cases being installed for Fiber Optic Cables throughout the Camp Lejeune area. These items are designed to fit seamlessly and keep dirt and water out of

Splice Cases to prevent damage to the Fiber Optic Cable and Splices from dirt and water. These are parts of existing items already installed.

For these items, the materials are a direct fit for existing Splice Cases in use around Camp Lejeune and these are direct replacement items.

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: