J_A PDF.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

MEMORANDUM TO THE FILE

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

FOR A FAR PART 13 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:

Requirement is for the purchase of CREE LED roadway Series High Output Street Lights; multi-volt

347-480. Items are manufactured by CREE under part number STR-LWY-3M-HT-12-E-UH-SV-525-

R-UTL. The lights consists of the lamp and housing that mount to existing Government owned light pole fixtures. Items will be used to replace inoperable light aboard the installation. Required Delivery

Date: 8 FEB 2021.

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

BASED ON THE FOLLOWING

A. ___ ONLY ONE RESPONSIBLE SOURCE:

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. The

CREE LED roadway Street Lights required are direct replacement parts for existing street lights aboard the installation and utilize existing CREE mounting hardware and connectors. Similar items reviewed could not be installed utilizing the existing hardware and connectors.

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

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.