Att. (2) Redacted_Brand Name Justification.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION SAT

1. Identification of Agency and Contracting Activity

This is an Other Than Full and Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT). The requiring activity is the Seaborne Powered Target (SEPTAR) unit, Pacific Missile Range Facility (PMRF), Barking Sands, HI; the contracting activity is the Fleet Logistics Center Pearl Harbor (FLCPH).

2. Nature and/or Description of the Action Being Approved

This is a Brand Name action for the purchase of Mercury Marine Original Equipment Manufacturer (OEM) parts for the replacement of Mercury boat engine c cement of a Firm Fixed Price purchase order is anticipated in accordance with FAR Part 12 and 19. The estimated cost is

3. Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value

This requirement is for the following Mercury Marine OEM boat parts: fu p/n 8M0222157; diaphragm assembly, p/n 804533; diaphragm kit, p/n 8M6002988;

filter oil, 8M0207786; injector ASM-AIR, 8M6001744. Estimated value is

Estimated Dollar Value:

FY/Option/Ordering Period OM&N OPN RDT&E

FY26 0.00 0.00

Subtotals 0.00 0.00

Total

4. Statutory Authority Permitting Other Than Full and Open Competition

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 is not expected to exceed the simplified acquisition threshold.

J&A #: 26 006

Is the requested material or service represents the minimum requirements of the Government Estimated Dollar? Yes

41 U.S.C. 1903 as implemented by FAR 13.106-1(b)(1)(ii) Brand Name

Additional Information Regarding Statutory Authority if Applicable

N/A

Procurement Request/Solicitation/Purchase Order Number: N0534A26RXFL041 1301340500

Control Number:

I. Background

II. DESCRIPTION OF ITEM OR SERVICE

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, the estimated cost/price, and the required delivery date/period of performance

Please reference item 3 above (Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value)

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING:

A. ONLY ONE RESPONSIBLE SOURCE No

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 Provide details on mission impact if requirement is not solicited from only one source

B. BRAND NAME Yes

Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government's requirements and why a "brand name or equal" purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies' similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency's needs

The use of original Mercury Marine parts is required when restoring SEPTAR's High-Speed Maneuvering Surface Target (HSMST) boats that have dual Mercury based outboard engines. This is crucial for ensuring proper fit, performance, reliability, and safety. Additionally, use of Mercury parts maintain the manufacturer’s intended performance characteristics, reduce likeliness of premature wear of failure, and sustain the engine’s overall service life. These parts for the boats are imperative for Pacific Missile Range Facility’s range operations and SEPTAR department’s participation in these evolutions. A "brand name or equal" purchase description cannot be used to preclude the acquisition of aftermarket parts as they do not last as long as OEM parts. Aftermarket parts may not fit correctly

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

Contracting Activity Approval

HEAD OF CONTRACTING ACTIVITY APPROVAL

Upon the basis of the above justification, I hereby approve, as Head of Contracting Activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of (Placeholder for US code citation)

HCA Approval