(D1) Brand Name.pdf

SSBA M4226/1 (01-17)

JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR 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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE

urchase request is for USNS Firemen’s/Turnout gear is required to be onboard before Damage Control critical events in support of all testing before and during Builder’s Trials and Acceptance Trials.

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

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

Honeywell is the manufacturer listed on the AEL 2-88MSC1 Fire Fighters Ensemble for lass. Turnout/Firefighters boots have been vetted by the Military Sealift Command’s

Damage Control Engineer. All fire fighters boots must be manufactured in the USA. All must be compliant with NFPA 1971-2013 and OSHA Standard 29CFR 1910.1030. The brand name request is necessary because the manufacturer has completed all required tests to ensure boots are certified for firefighting onboard MSC ships. Honeywell is

SSBA M4226/1 (01-17)

compliant with MSC requirements and boots meet specifications required.

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.

4. If appropriate, include any additional pertinent information.

IV. 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

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

Signature Name (Printed) / Phone #

Date

Robert Garback / 619-744-1035

3/1/23

Christopher Ramsden II / 207-442-2495

4/11/2023