M6700124Q1204 Brand Name Justification.pdf

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE 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 three (3) Tavrida Electric Outdoor Circuit Breakers Pole Mounts part number 0651R273XGA82C1113DE01, and three (3) Travida Electric Stainless Steel Substation Frames part number 0651R2D1GA8AD1113B3XX both with SEL-651R recloser control module manufactured by Tavrida Electric. The items will be used to replace existing circuit breakers and frames that are no longer serviceable. The required delivery date is 30 September 2024.

III. THE DETERMINATION FOR USE OF 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

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

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

The required items with mounting brackets and control cabinets specifically made for this device are propriety to Tavrida Electric and are an exact replacement for existing items already installed in the distribution substations and pole mounted applications. Existing primary connector (FNCT_20H_4A), power source transformer (103_x0116-14NB), Equipment mounted surge arrestors (URT1005_0A1A_1A1A), and secondary connections (Harting Terminal 42pin- Han-DD type) will be unable to be utilized if any other manufacturers parts are used. Umbilical cord (TNA_Recunit_Umbilical_26_11) for connection from recover to control cabinet are also proprietary to Tavrida Electric and are unable to work with other manufacturers devices. The controls are in service on our Supervisory Control and Data Acquisition system and operate on current software. Any change to the equipment would involve disruption of service and capability issues with the existing protective schemes already in place and will not be able to be utilized.

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: