C5-Det.OneSource(Including Brand Name)-13UnderSAT 2.pdf

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR AN ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

(M933264590443)

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)(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:

Obermeyer replacement parts consisting of manufactured rubber bladders and attachment parts, gate panel assembly parts, air connection part and inclinometers. These parts are required to replace worn or damaged parts on the Santa Margarita River Obermeyer Weir structure. Vendor of materials is Obermeyer Hydro Inc., P.O. Box 668, Fort Collins, CO 80522. Materials are required to be purchased by 10 Dec 2024.

The water system structure contributes to the potable water supply for the southern portion of the Base and water delivered to Fallbrook Public Utilities Division through an agreement. The structure allows for diversion of river water into settling areas for infiltration and aquifer recharge. Most of the Base’s potable supply is pumped from the aquifers. If the Obermeyer structure is non-operational due to damage, it may not be able to divert this critical resource.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. _X__ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1._X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Obermeyer is the sole manufacturer of parts for Obermeyer water systems.

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. Multiple vendors were contacted to provide a quote for the materials requested but were unable to provide a quote for the manufactured parts. One vendor contacted was able to provide a quote for the manufactured parts.

B. _X_ BRAND NAME

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

The parts are manufactured/ fabricated by Obermeyer to fit each specific model of water system controls/dams. To by an off the shelf part may not fit properly or be of the same quality strength needed to ensure water systems are watertight and function properly. Obermeyer replacement parts will reduce the amount of time that the water system structure is in non-operational status as parts will be made to specs that fit the specific model Camp Pendleton purchased previously from Obermeyer.

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:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

Daniel Bartu 760-725-3781 Jul 23, 2024

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

___________________ Nina A. Kanoa, 760-763-6860 8/7/24___

Signature Name (Printed) / Phone# Date hunter.daugherty Highlight