JA Other_Than_Full_Open_Competition_NameBrand_Redacted_signed.pdf

MEMORANDUM FOR RECORD

SUBJECT: Justification for Other Than Full and Open Competition, FAR Part 13, Acquisition Under the Simplified Acquisition Threshold, Brand Name

1. Background:

a. FAR 13.106-1(b)(1)(i) states purchases not exceeding the simplified acquisition threshold, the Contracting Officer may solicit 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).

b. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, only one source will be solicited for this requirement and the requirement is not expected to exceed the simplified acquisition threshold.

2. Description of Item:

Brand Description Quantity Part Number BAUER Bauer Unicus 4i – 25 CFM 1 BAU-UN 4I/25H-E3 BAUER Electronic CO monitor w/ calibration kit

1 BAU-GT/CO/III

BAUER ASME 6000 psi cylinder 1 BAU--CYL-9/6K

3. Determination for 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

The 63rd WMD CST interagency partners inclusive of the fire departments, federal agencies, Civil Support Teams, and the CST/U.S. Army CBRN schoolhouse uses the Bauer, Inc. breathing air high pressure compressor system during all training events and the same for real-life events; therefore, the purchase of the Bauer breathing air high pressure compressor system is to maintain a standardization that is established across the partnering agencies the 63rd WMD CST Team train with. All the agencies train with have working knowledge on the Bauer system, therefore requires limited training. CST trains with the aforementioned interagency partners in various locations throughout the United States who use the same system, furthermore, the self-contained breathing attachments and fittings are standardized. The Bauer system is industry standard for the chemical, biological, radiological, and nuclear response enterprise.

CSTs are required to conduct air purity checks monthly. Bauer systems assist in maintaining federal regulatory compliance and the safety for individuals breathing the purified air.

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:

II. 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 Date

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

Signature Date

TAYLOR.HARVETTA.

RENEE.1149779252

Digitally signed by

TAYLOR.HARVETTA.RENEE.1149779252

Date: 2024.12.31 08:33:29 -06'00'