(D1) Signed Brand Name.pdf

SSBA M4226/1 (07/25)

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

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.

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 If not application, then delete.

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

Firefighters Ensemble (FFE) Jacket and Pants Manufacturer:

Honeywell; Model: Morning Pride LTO 96I3, MSC Spec Build MSC-LTO96I3-JACKET BRONZE (Jacket) MSC-LTO96I3-PANT BRONZE (Pants).

Each Civilian Mainer Crew Members assigned as a firefighter must don FFE Jacket and Pants, which are personal protective garments that MUST be worn during a fire to protect them from the heat, burns or scolds.

technical representative for the OEM.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service.

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

Critical ship equipment, the failure of which poses a hazard to the ship, the crew of the environment.

The Honeywell Morning Pride FFE Jacket and Pants are NFPA 1971 complaint which meet all Safety of Life at Sea (SOLAS), United States Coast Guard(USCG) Title 46 Code of Federal Regulations(CFR) and American Bureau of Shipping (ABS) regulatory requirements.

N7 is the MSC Tech Warrant Holder for the FFEs and DC equipment, and under MSC QMS N7.732.3541.222 Para 3.1.3: Vessels transferred to MSC and new construction vessels assigned to MSC must be outfitted with new FFE meeting the standards of reference (b) and outfitted per the vessel FFE AEL. The FFE AEL lists Model is the Honeywell LTO96I3 only, which meets the attached spec.

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. Required delivery date/period of performance:

3. 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.

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.

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

C. Competition Advocate (Code 400) Approval.

• For proposed contracts > $750K and < $15MIL

MSC's standardization initiative requires only the specified make/model of equipment and parts will fulfill the Government's needs for additional or replacement items.