BRAND NAME JUSTIFICATION (SIGNED)--SCBA CYLINDERS--BATH CONTRACTS.pdf

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR AN 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)(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:

SCOTT Safety Cylinders are used with SCOTT Safety Self-Contained Breathing Apparatus’

(SCBAs) to provide SCBA users with a supply of fresh air when fighting shipboard fires. Per AEL

2-88MSC1125 (“Breathing Equipment for T-AO 205 Class”), PN 804723-35, Qty 87EA, 60 minute, 30 year cylinders are required to support T-AO 205, USNS John Lewis. The required delivery date is as soon as the requirement can be filled by authorized distributor, but no later than July 1st, 2020. Requirement’s estimate cost is $135,757.41.

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.

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B. X__ BRAND NAME

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

AEL 2-88MSC1125 (“Breathing Equipment for T-AO 205 Class”) lists Scott Safety as the required manufacturer for SCBA cylinders. SUPSHIP Bath det. San Diego cannot deviate from brand name noted by Military Sealift Command’s damage control engineers. Military Sealift Command’s damage control engineers have chosen Scott

Safety’s product line (Cylinders and SCBAs) for its breathing equipment requirements for the T-AO 205 class ships. In addition, Scott Safety's cylinders have met the rigorous standards and performance specifications established by Military Sealift Command's damage control engineers. SUPSHIP Bath det. San Diego has procured Scott Safety

SCBAs (as required by AEL), and the Scott Safety cylinders are naturally compatible.

Having a consistent product line ensures product compatibility and ease of customer service interactions. Scott Technologies SCBA’s and cylinders will be serviced and are interchangeable with other fleet ships.

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:

4. If appropriate, include any additional pertinent information.

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