FAR 13.5_Single Source or Brand Name Justification Exceeding SAT Micro Motion_signed.pdf

United States Department of Agriculture Sole Source/Brand Name Justification

Exceeding the Simplified Acquisition Threshold

FAR 13.5

1. Identification of the agency and the contracting activity.

US Forest Service (USFS), National Technology & Development Program (NTDP), San Dimas Technology & Development Center located in San Dimas, CA, by the Washington Office Procurement Support Branch.

2. The nature and/or description of the action being approved.

USDA proposes to enter into a limited source brand-name, firm fixed-price contract with or supplier of Micro Motion Inc, products using the simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

This order is to purchase 12 ea. Micro Motion CMF300 ELITE Sensors and 15 ea. 3700MVD Transmitters with four alternate line items to a maximum of 13 transmitters

Estimated value of $270,000.00

4. The statutory authority permitting other than full and open competition.

The following circumstance justifies the exception to sole source/brand name under FAR 13.5:

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Micro Motion is the only brand that can meet these needs for the USFS Air Tanker Bases. The equipment is compatible in all aspects with existing systems/equipment presently in use allowing personnel in the field to interchange parts in the event of mission critical, impromptu field repairs to maintain continuity of service during critical fire mission times. No other manufacturer is compatible or can interchange with Micro Motions proprietary parts without voiding existing warranties and posing safety risks to equipment and operators.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

7. Description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research through internet search and utilization of the Small Business Administration (SBA) and System for Award Management (SAM) search engines have revealed small business vendors capable of providing the needed Micro Motion equipment, resulting in a determination to solicit this requirement for the Micro Motion equipment as a Small Business Set-Aside.

8. Any other facts supporting the use of other than full and open competition.

Additions to the Micro Motion meter inventory will enable airtanker base expansion projects (additional pits) and increase cache inventory for surge capability to respond to aerial wildfire fighting. Acquisitions for new meters and transmitters have been provided by Micro Motion, a division of Emerson Process Management. With Micro Motion the manufacturer of the flow meters and transmitters currently in inventory and deployed in the field, in order to maintain consistency in training, operation, and familiarity of meters and transmitters by tanker base personnel, Micro Motion is the only brand that can meet these needs for the USFS Air Tanker Bases. The equipment is compatible in all aspects with existing systems/equipment presently in use allowing personnel in the field to interchange parts in the event of mission critical, impromptu field repairs to maintain continuity of service during critical fire mission times. No other manufacturer is compatible or can interchange with Micro Motions proprietary parts without voiding existing warranties and posing safety risks to equipment and operators.

9. Listing of the sources, if any, that expressed a written interest in the acquisition.

Micro Motion Inc.

Criterion Automation Inc.

Chase Supply Inc.

Meter Maintenance & Controls Inc.

10. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

The only future action to overcome the barrier to competition will occur in the next cycle where the Forest Service will replace the fielded equipment when it has become obsolete or un-serviceable. The old/obsolete equipment had operated for 20 to 30 years, depending on when the meters were initially acquired. Therefore the projected next opportunity for overcoming the barrier of having only one manufacturer's equipment in the field will be about 15 years.

The sole source is identified to Micro Motion equipment, they are a manufacturer. There are, throughout the United States, many companies or distributors who will have opportunity to submit an offer to the eventual solicitation.

11. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Historical acquisition data of the same items procured by the US Forest Service.

Certifications & Approvals

☒ The information provided for this justification has been reviewed and certified accurate and complete by Armando Sanchez, Program/Technical Personnel.

Contracting Officer (not exceeding $750,000). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

☐ Approved.

☐ Reviewed and forwarding to the Procuring Activity Advocate (MASCO or Delegate).

Trevor Mattson Contracting Officer trevorbmattson Highlight

Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition

Advocate for competition for the procuring activity (MASCO or Delegate approved by HCA for USDA) (if over $750,000, but not exceeding $15 million). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

☐ Reviewed and forwarding to the Head of the Procuring Activity/HCA.

Insert Name of the Procuring Activity Advocate (MASCO or Delegate) Mission Area Advocate for Competition

Head of the procuring activity (HCA for USDA) (if over $15 million, but not exceeding $75 million). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

☐ Reviewed and forwarding to the Senior Procurement Executive (SPE).

Insert Name of the Head of the Procuring Activity/HCA Head of the Contracting Activity

Senior Procurement Executive of the Agency (if over $75 million). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Therefore, as the Senior Procurement Executive, I approve this justification.

Insert Name of the Senior Procurement Executive (SPE) Senior Procurement Executive

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Notes and Guidance. Delete these notes prior to finalizing document for signature.

Acquisitions using the procedures in FAR Part 13.5 (e.g., commercial supplies/services valued at more than the Simplified Acquisition Threshold (SAT) but not exceeding $7.5 million, including options), are exempt from the requirements in FAR Part 6; however, Contracting Officers must conduct sole source acquisitions (including brand name) under FAR 13.501 only if the need to do so is justified in writing and approved at the levels specified in FAR 13.501(a)(2).

Program personnel are advised to work with contracting personnel early in order to promote and provide for full and open competition to the maximum extent practicable. Small businesses must be considered for competition. Coordination and questions can be submitted to the Office of Small & Disadvantaged Business Utilization (OSDBU). USDA has required Small Business goals that must be considered in all acquisitions. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form.

Advanced planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. 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. See below for posting requirements.

Posting. Contracting Officers shall make justifications publicly available (excluding brand name) within 14 days after contract award, in accordance with FAR 13.501(a)(1)(iii) and the procedures at FAR 6.305(a). In the case of unusual and compelling urgency, justifications shall be made publicly available within 30 days after contract award in accordance with FAR 13.501(a)(1)(iii) and the procedures at 6.305 (b), (d), (e), and (f). Brand name justifications shall be posted with the solicitation in accordance with FAR 5.102(a)(6).

Screening. Before posting this Justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for electronic signatures. Adobe signature blocks shall include dates.