MFR_Limiting_Competition_under_SAT_SEP25_KO signed.pdf

(For Use below the Simplified Acquisition Threshold for FAR Part 8 / 13 / 16 )

CUI//SP-PROCURE//FEDCON

Memorandum for Record Limiting Competition at or below the Simplified Acquisition Threshold

1. Requiring Activity: 1st Armored Division Combat Aviation Brigade (1AD CAB), Ft.

Bliss, TX

2. Contracting Activity: MICC-Ft. Hood, TX

3. Description of Action:

Nature of Requirement: ☒ New ☐ Follow-on

Contract Vehicle: ☒ Purchase Order Number

☐ Blanket Purchase Agreement (BPA)

☐ Order/BPA# against FSS Contract #_____ _________

☐ Order against Multiple Award IDIQ Contract

☐ Order against a single award IDC Contract

☐ 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: 26

Name of Proposed Contractor(s) and Address:

Brand Name Buy: ☒ Yes ☐ No

4. Description of Services or Supplies: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform 12-year testing, maintenance and servicing 56, 150lb BC fire extinguishers (Brand: Amerex, Model: 490).

For Actions without Options:

Period of Performance: 27 February 2026 to 3 April 2026 Total Value:

5. Authority: Select the appropriate authority below:

☒ 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)(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

☐ FAR 8.405-6(b)(1) Brand Name

Or, ☐ FAR 16.505(b)(2)(i)(A) Urgency

☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on

☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee

☐ FAR 16.505(a)(4) Brand Name

6. Reasons for Authority Cited:

a. Brand-name specifications are justified because the 150-pound BC fire extinguishers (Brand: Amerex, Model: 490) requiring 12-year hydrostatic testing, inspection, and certification must be serviced using the original manufacturer’s equipment, parts, and certified procedures to maintain compliance with Army Regulation (AR) 420-1, and the manufacturer’s own safety and warranty requirements. The extinguishers in this requirement are Amerex brand units, and only the original manufacturer—or a service provider specifically certified by that manufacturer—is authorized to perform hydrostatic testing and recertification on these cylinders.

Hydrostatic testing of high-pressure fire extinguishers is a safety-critical process governed by National Fire Protection Association (NFPA) 10 and Department of Transportation (DOT) 49 Code of Federal Regulations (CFR) requirements. These standards require that cylinders be tested using manufacturer-approved test pressures, adapters, fittings, and procedures. Use of non-OEM parts or non-certified testing methods can compromise cylinder integrity, void the manufacturer’s certification, and create a life-safety hazard. Because these 150-lb BC extinguishers are pressurized vessels, improper testing or unauthorized parts can result in catastrophic cylinder failure.

Only the brand-name manufacturer (or their certified service partners) possesses:

• The proprietary test specifications for the exact cylinder model

• The OEM replacement components required for reassembly

• The manufacturer-approved hydrostatic testing equipment and adapters

• The certification authority to legally re-stamp and return the cylinder to service No other brand or generic service provider can legally or safely perform the required

12-year hydrostatic test or issue a valid certification for these specific extinguishers.

Substituting another brand would result in non-compliance with NFPA 10, invalidate DOT cylinder certification, and create unacceptable safety risks.

B. If this justification is not approved and the service cannot be provided, the confidence in the fire extinguisher’s ability to properly put out a fire is substantially degraded. Additionally, the 1AD CAB will continue to be out of compliance with AR 420- 1.

7. 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 FAR

5.202(a)(13).

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) unless:

☐ Action is NOT a brand name restriction and is under $250K, 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 the following exception:

☐ FAR 6.305(f)

☐ FAR 8.405-6(b)(3)(ii)(A)

☐ FAR 8.405-6(b)(3)(ii)(B)

☐ FAR 8.405-6(b)(3)(ii)(C)

☐ FAR 16.505(a)(4)(iii)(C)

8. Market Research: Market research was conducted to identify all qualified sources.

Market research was conducted from (date to date) by SSG Komlan Dougah (KS) and SFC Marvin Hopkins (KO). The requirement is for a contractor to be certified to inspect and certify Amerex fire extingushiers. Therefore, market research supports that only the brand-name manufacturer or their authorized service provider can legally and safely perform the required 12-year hydrostatic testing and certification. Other companies’ similar products or services do not meet and cannot be modified to meet the Government’s minimum safety, compliance, and certification requirements.

9. Other Facts: None.

10. 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.

11. 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 adequate competition between vendors capable of performing the services based on market research conducted.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source 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.

SFC Marvin Hopkins Contracting Officer