SAP Sole Source Redacted.pdf

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION FOR A FAR PART 13 and FAR 13.5 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:

A customized weighted bin unit with proprietary cloud-based software is required for FRCSW. Unit with bins will be used to track individual material usage, communicate data via cell phone module. The Cloud-based software aggregates usage data and sends data back to FRCSW customers. Acquisition includes delivery, initiation, and set up service. Digibins Com LLC has been identified as the only brand name digital bin production that will meet FRCSW requirements. Digital bins are required to be procured no later than 9/30/24.

Provide an explanation of the item or service in text box above, that includes the following:

Intended use Name of the required source or brand name Required delivery date/period of performance including option years if applicable

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.

Click or tap here to enter text.

Provide explanation in text box above that includes:

What rights are restricted, Why the restrictive rights make the required item or service available from only one source, Why another company could not satisfy the Government’s need.

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. Provide OEM or authorized distributor(s) information.

Name of the OEM, and the reason(s) the item or service needed to fill this requirement is only available from named source.

Or

Identify the distributor(s)/authorized technical representative(s) for the item or service; and provide evidence of the exclusive licensing agreement as an attachment to this document.

NOTE: If there, is more than one distributor/authorized technical representative – Part B, BRAND NAME SOLE SOURCE applies – leave Part A blank.

3. OTHER REASONS. If neither one (1) or two (2) above apply:

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

B. BRAND NAME

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

Digital Bins is the only weighted bin provider with the volume capacity to meet the requirements of the FRCSW Pre Expended Bin (PEB) material. All other systems have limited amounts of material per unit that can be tracked via weighted scales. After considerable market research on these types of products was performed, Digibins is the only product that can satisfy the volume (as in material quantity handling) that FRCSW requires. Other manufacturers sell similar technology but do not meet FRCSW requirements due to their limited quantity handling capabilities.

Add explanation in text box above that answers these bullet points:

Why you are excluding consideration of a product manufactured by other company or companies?

How is the particular brand name, product, or feature essential to the Government’s requirements, and why a “brand name or equal” purchase description cannot be used? See FAR 11.104 Use of brand name or equal purchase descriptions, for more information on brand names.

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.

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. Whether or not the item/service above is or is not determined to be an urgent and compelling requirement relies on review of completed numbers 1-3:

1. Date requirement was first identified:

Click or tap to enter a date.

2. Required delivery date/period of performance:

Click or tap to enter a date.

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Click or tap here to enter text.

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) 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) Date

PMT PID Number Click or tap here to enter text.

Contract Specialist fill in PID number prior to submitting to Contracting Officer for signature.