P06 1042171 JA SS (FAR 8.405)_12Jul21_ss.pdf

United States Department of Agriculture Limited Sources Justification

For an Order/BPA Exceeding the Micro-Purchase Threshold But Less Than the Simplified Acquisition Threshold (SAT)

Federal Supply Schedules/Multiple Award Schedule Program

FAR 8.405

1. Identification of the agency and the contracting activity.

NRCS Colorado Snow Survey Office – Denver, Colorado Acquisition Division, Farm Production and Conservation Business Center (FPAC-BC0, Fort Worth, Texas

2. Description of supplies or services required to meet the agency’s needs (including the estimated value).

30 Sutron Satlink3 XMTR Units, and 30 Sutron GeoSatellite Antennas (including mounting plates and 5m coax cables).

3. The authority and supporting rationale.

The following circumstance justifies limiting the source under FAR 8.405-6: (Choose the authority under “Choose an item” that justifies use of other than full and open competition. Additional detail is to be provided in paragraph 4.)

FAR 8.405-6(a)(1)(i)(B) – Only one source is capable of providing the supplies or services requried at the level of quality required.

4. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority. (Delete the statements that don’t apply.)

OTT Hydromet is currently the only manufacturer and vendor of the Sutron Satlink3 XMTR unit and Sutron GeoSatellite GOES/GPS antenna in the United States. They are only company currently qualified to fulfill this order. Products from other manufacturers currently do not meet the requirements of the MT NRCS Snow Survey (scalable power and flexibility to operate with multiple antennas). OttHydromet/Sutron currently provides all customer support and warranty support for these units in the U.S., providing an invaluable resource should issues present themselves with equipment in the foreseeable future.

5. Description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research determined OttHydromet as the sole provider of the requested items and no other vendor can provide the exact items that are compatible with existing equipment.

6. Recommended source(s).

OTT Hydromet Corp 22400 Davis Drive Sterling, VA 20164-4444

Certifications & Approval

The information provided for this justification has been reviewed and certified accurate and complete by

Brian Domonkos Program/Technical Personnel.

Contracting Officer (less than SAT). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

Mr. Kyle L. Heid Contracting Officer

Page 3 Version 03152021

Notes and Guidance. Delete these Notes prior to finalizing document for signature.

Pursuant to FAR 8.405-6, Orders/BPAs under Federal Supply Schedule Contracts are exempt from the competition requirements of FAR Part 6; however, ordering activities may restrict consideration of Schedule Contractors. Circumstances justifying limiting the sources include:

a) An urgent and compelling need exists and following the procedures would result in unacceptable delays;

b) Only one source is capable of providing the supplies or services required because they are unique or highly specialized; or

c) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order, provide the original order was place in accordance with applicable Federal Supply Schedule procedures (e.g. competed).

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product or feature is essential to the Government’s requirements and 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. See below for posting of brand name requirements.

Program personnel are advised to work with contracting personnel early in order to promote and provide for full and open competition amongst schedule holders to the maximum extent practicable.

Small businesses must be considered for competition. Coordination and questions can be submitted to the Office of Small & Disadvantaged Business Utilization (OSDBU). USDA has required Small Business goals that must be considered in all acquisitions. In circumstances that permit restricting the consideration of Schedule Contractors, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition, including use of brand name specifications, through the use of this form.

Posting. For proposed Orders/BPAs with an estimated value exceeding $25,000 that restrict competition to items peculiar to one manufacturer, i.e., Brand Name, this form shall be posted along with the Request for Quotation (RFQ) to GSA’s e-Buy. This form is not required to be posted with the solicitation when restricting consideration due to urgency, unique source, or logical follow-on as described in the first paragraph above.

Screening. Before posting this Justification, in accordance with FAR 8.406-6 and 24.2, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file, and electronically signed. Signature blocks shall include dates.