Limiting_Competition_JA_Guyana_Collars_Redacted.pdf

Control No: 045-19

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition

Threshold

1. Contracting Activity: 410th Contracting Support Brigade – RCO Miami

2. Description of Action: Safe Boat Collar 29D

Nature: New Requirement

Contract Vehicle: Purchase Order Number

Pricing/Contract Type: Fixed Price

Funds: Operations & Maintenance, Army (OMA) FY: 2019

Total Value:

Name of Proposed Contractor and Address:

Metal Shark Boats 160 Boro Lane, Franklin, LA 70538 337-364-0777

Brand Name Buy: Yes

3. Description of Services or Supplies: The requirement is for three (3) Boat Collars 29D Black, w/black Rubstrake. Manufacturer: Metal Shark Boat/Part # 16167a.

Required Delivery Date: 30 days ADC

4. Authority: FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

a. The requested vendor, Metal Shark Boats/Gravois Aluminum Boats, LLC retains the U.S.

Patents to provide depot level licensed original manufacturer equipment (OEM) for their vessels.

The 29D collars are a propriety design specification that is not disseminated outside Metal Shark Boats to other vendors.

b. Other outside sources were researched and due to the brand name, Metal Shark Boats were the only entity that supplies the particular collar for the Metal Shark Boat 29D. Metal Shark Boat, based on their U.S. Patents are the only entity with the legal authority to produce watercraft vessel with their particular collar for the 29D Metal Shark boats. Base on the fact that this vessel is a Metal Shark Boat vessel, third party dealers and/or other distributor networks does not have the capabilities to accommodate the contracted technical support that is required to repair the Metal Shark vessel being operated by the Guyana Defense Force-Coast Guard.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A) Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

7. Market Research: Market research indicates this requirement is commercial in nature as it is a commodity that is customarily used by the general public and has been sold, leased, or licensed to the general public. Based on Market Research, the award will be made as a Sole Source due to the propriety nature of the requirement, i. e. Metal Shark Boat/Gravois Aluminum Boats, LLC which retains exclusive US patents.

8. Other Facts:

Metal Shark Boats, Inc. fabricates the only viable product to handle their particular brand of vessels and their particular composition. The research conducted herein was executed by the designated Technical Expert, IAW with the FAR. The required vetting was completed to determine the best valued option available that would meet all of the stated performance parameters within the government procurement guidelines. As previously stated, Metal Shark Boats and their ancillary parts are not readily available for purchase through any dealer network and/or distributor. The inner foam collar core is a propriety design specification and it is not disseminated outside Metal Shark Boat, Inc.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Date:

Technical Engineer

10. Contracting Officer Certification/Approval:

29 March 2019

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon the Independent Government Cost Estimates

(IGCE).

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the

Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

83848

Date: 2019.04.01 07:59:46 -04'00'

Date:

Contracting Officer

29 March 2019