Revised Brand Name Justification Miliken Carpet.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

FOR A FAR PART 13 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)(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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Manufacturer: Milliken Carpet Tufted Modular Carpet with Comfort Plus cushion Pattern Name: Zirconia, Color Name: 102 Quarry Stones Product P/N# P/6391-DR-102.

Qty: 5,000 SY

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.

B. X BRAND NAME

This procurement is for replenishment of the carpet the Government currently has in stock.

Carpet must be compatible in all aspects (form, fit, and function) with existing carpet that is presently installed. The brand name item requested is the exact carpet tile type currently used in all MCIPAC-MCB Facilities on Okinawa, Japan. Since this carpet will be used to make repairs and for whole room installs for various facilities, new carpet procured must match the existing carpet to ensure uniformity in existing facilities. Uniformity includes material and dimensions to ensure tiles fit together and match. If carpet is not the same make/model/color, this could cause uneven surfaces and mismatched colors, which could contribute to trips, falls, and other safety-related incidents. Procuring any other carpet tiles would result in the Marine Corps having mismatched carpet in rooms or buildings which would cause the command to replace all the carpet tiles in a single room and/or building instead of simply replacing the damaged tile.

Unnecessary replacement of carpet in an entire location, as opposed to replacement of a singe tile requiring repair, would cost the units and tax payers additional money.

Previously, Milliken Carpet was purchased by Facilities Maintenance Branch utilizing Contract #M6740015F0063/SDN#M2023315SUFS908 and M6740021P0041~

/M2023321DSUFS400

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:

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

Jason LeValley 645-3972 8/18/22

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

SIEWERT.ROBE

RT.FREDERICK.I

II.1454619303

Digitally signed by

SIEWERT.ROBERT.FREDER

ICK.III.1454619303

Date: 2022.09.12 14:36:30 +09'00'

SSgt. Robert Siewert 645-7642 12-Sep-2022