Limited Justification for Brand Name.pdf

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: United States Army Corps of Engineers (USACE) Transatlantic Middle East District (TAM), 201 Prince Frederick Drive, Winchester, VA, 22602.

2. Description of Action: This requirement is for the procurement of IMPT ProJet 860 3D Printer Maintenance. This will be a Firm Fixed Price contract with a Period of Performance of 1 base year with 4 option years.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _______________________________

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #__TBD_____ against a single award IDC Contract

# _______TBD_____________

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid Funds: Operations & Maintenance, Army (OMA)

Other Funds: ________

FY: ___2022_____

Name of Proposed Contractor(s) and Address:

_Small Business vendors on the mandated _______ __PIEE website.__________________________

Brand Name Buy: Yes No

3. Description of Services or Supplies:

Product Quantity

ProJet 860 Parts and Labor (1/yr) Base 1

ProJet 860 Parts and Labor (1/yr) Optional 1

ProJet 860 Parts and Labor (1/yr) Optional

ProJet 860 Parts and Labor (1/yr) Optional

ProJet 860 Parts and Labor (1/yr) Optional

Vendor must be certified/authorized by 3DSystem to perform maintenance.

The Vendor must be located within a 250-mile radius of Winchester, VA.

Period of Performance: Delivery 30 days After Contract Award

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The U.S. Army Corps of Engineers (USACE) Middle East District (MED) has a requirement to procure a Dell Server to support TAM’s CONUS Backup operations.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market Research was performed in accordance with Army Regulation 25-1 Section 4, 3-17, “The mandatory source for all COTS IT hardware and software is CHESS” on 02/23/21. CHESS has no vendors able to perform the work per SONA obtained on 31 August 2020. A request for quote (RFQ) was submitted on GSA on 10 May 2022 and no quotes were received. An IGE accompanies this documentation for procurement. Technical data packages including, specifications and or engineering descriptions, statements of work and/or purchase descriptions have been included in this request for procurement package.

8. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Dale R. Hartmann Title: Program Manager

Signature:

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9. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon the Lowest Price Technically Acceptable (LPTA).

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase with limited sources is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Lisa D. McIntyre Title: Contracting Officer

Signature:

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