Mixer JA Brand Name.pdf

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

V 1.2 (15 March 2023)

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:

Base Pulbic Works has a requirment for (1) POP-I 17.9 HP Submersible Mixer and (1) POP-I 9.0 HP Submersible Mixer manufactured by Landia, Inc. The Submersible Mixers are used to mix waste activated sludge inside of the influent holding tank and provide essential transfer of activated sludge between the aerobic zones and anoxic zones in the Biological Nutrient Removal (BNR) process utilized in the wastewater treatement process. The Required Delivery Date (RDD) is no later than 28 June 24.

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.

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

V 1.2 (15 March 2023)

Base Public Works currently uses POP-I 17.9 HP Submersible Mixer and POP-I

9.0 HP Submersible Mixers manufactured by Landia, Inc. The rail system that is used to guide and hold the pump in place during operation is unique to this pump and are permanently mounted to the concrete walls 10 feet under the water. All hardware required to attach the guide system to the pump matches the rail system.

Without significant modifications other brands or model won’t work.

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.

Signature Name (Printed) / Phone # Date

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

Signature Name (Printed) / Phone # Date