Brand name justification_Redacted.pdf

2 | original order or BPA must not have been previously issued under sole-source or limited-sources procedures).

FAR 8.405-6 (b) Items peculiar to one manufacturer (brand-name item) ID/IQ Task Order/Delivery Order (e.g. NASA SEWP or ARMY CHESS)

FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized

FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. [When utilizing this exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).]

FAR 16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 ( 15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

FAR 16.505(b)(2)(i)(G) For DoD, NASA, and the Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 ( 10 U.S.C.

3406(c)(5)). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).

3. Rationale Justifying Use of Cited Regulatory Authority.

a.) The Items Described in Paragraph 1 Must Be Compatible In All Aspects

(Form, Fit And Function) With Existing Systems Presently Installed.

b.) A Patent, Copyright, or Proprietary Data Limits Competition.

FLIR equipment is highly specialized and currently, broadly deployed at facilities (and including N

Corona) in support of the Scoring System Version 5 program. Any additional procurements need to be in compliance and back-fit with existing equipment, which results in a savings

3 | c.) The Items Described in Paragraph 1 are �Direct Replacements�

Parts/Components for Existing Equipment.

d.) Foreign Military Sales (FMS) Supported By A Case Letter.

e.) Unusual and Compelling Urgency.

f.) Other: If required, discuss any other rationale that supports the use of a brand name/sole source for this effort.

4. Implication of Procuring Another Brand/Manufacturer.

a.) Unacceptable Delays in Fulfilling the Agency�s Requirements.

b.) Substantial Duplication Of Cost To The Government That Is Not Expected

To Be Recovered Through Competition.

FLIR equipment is use for the program (a tested and certified government owned and developed system using proprietary developed software).

The FLIR equipment is integral to the scoring set (currently installed at various Ranges . FLIR equipment is currently deployed and in use with proven reliability in various environments and situations.

To maintain compatibility and to reduce operations and maintenance costs, it will be to the advantage to continue to acquire the equipment. Furthermore, operation and maintenance personnel have been trained and certified in the operation, monitoring and troubleshooting of this equipment.