DON SAP_Redacted.pdf

AUG 2018

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

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 8.405-6(b)(1) states brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and 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.

2. FAR 8.405-6(b)(2)(i) states for proposed orders or BPAs with an estimated value exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold, the ordering activity contracting officer shall document the basis for restricting consideration to an item peculiar to one manufacturer.

II. DESCRIPTION OF ITEM OR SERVICE:

Procurement includes acquisition of furniture products to complete the Command’s requirement for sit-to-stand desks in Buildings 57, 62, 258, 346, and 405. Furniture products also include cubicle hanging bulletin boards for Building 258. This BPA call order will cover reconfiguration of existing cubicles, procurement of components, procurement of height adjustable mobile desks and chairs, procurement of demountable partitions, and miscellaneous services. The miscellaneous services will cover the repair or replacement of damaged items, anti-fatigue mats, whiteboards, etc. Services will require survey of inventory to be reused/disposed and then delivered to a designated storage area. Miscellaneous services shall not exceed an established dollar threshold.

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

COMPETITION IS BASED ON THE FOLLOWING:

A. _X_ 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.]

2. _X_ 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. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

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

Majority of the workstations and systems within the Command are Herman Miller products.

Acquisition for this procurement is from the Herman Miller product lines. NAVFAC Pacific seeks to purchase Herman Miller components in order to standardize the existing workstations within NAVFAC Pacific Buildings 57, 62, 258, 346, and 405. To keep in line with the current budgetary constraints NAVFAC Pacific will benefit from the cost-savings of reusing existing furniture and augment any reconfiguration and repair work by going to the same source of the original acquisition. Contract Furnishers of Hawaii, Inc. is the only authorized dealer/distributor of Herman Miller products in Hawaii. Use of the authorized provider maintains applicable product/service warranty coverage.

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:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

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.

09/26/2022 Trina M Jury / ______ _____________

Signature Name (Printed) / Phone # Date

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

09/26/2022

Signature

A _ Name (Printed) Date