Pool_Chemicals_Limiting_Competition_Brand_Name_J A_redacted.pdf

Control No: RCOI-J&A-FY16-17

Version – August 2015

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

1. Contracting Activity: 414th Contracting Support Brigade, Regional Contracting Office Italy, Unit 31401, Box 33, APO, AE, 09630

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number ________________________ Blanket Purchase Agreement (BPA) Number_________

Order/BPA# TBD___ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 16

Name of Proposed Contractor(s) and Address:

___TBD___________________________________

Brand Name Buy: Yes No

3. Description of Services or Supplies: This requirement is for the purchase of BRAND NAME swimming pool treatment chemicals. The total estimated value of the proposed action is . The treatment chemicals will be procured under the existing Chemical Blanket Purchase Agreements (BPA), which consist of four BPA contractors. The Chemical BPAs expired 20JUL2019.

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.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. The swimming pools requires the use of chemical products in order to ensure the good quality of the water and the health and safety of the people who use the swimming pool. The chemicals are needed to disinfectant (troclosene sodium, dehydrate, 56% of chlorine available) and regulate the PH levels of the water in the pool.

b. Based on the direct experience, the best performance was obtained using the following products:

Bayrol

- Chlorifix - troclosene sodium, dehydrate, 56% of chlorine available. Reg.Min. della Sanita' nr.11975 (N.CAS.51580-86-0), estimated 1,500kg

Cillichemie

- Bisulfite sodium granular CILLIT-PH MINUS I.T.B70.25.1., estimated 6,000kg

c. Along the years, some contracts were awarded accepting equivalent products (other brands/manufacturers) resulting in worse performance of the products, more time spent by maintenance personnel to compensate lower efficiency of the products and fixing some issues created by the different manufacturer products. Some of the issues found were strong odors, excessive amount of algae growth, and blockage of suction pipes and dosing pumps. These issues were documented and shared with RCO in order to be aware of the time wasted and higher costs resulting by the issues due to these “equivalent” products. In conclusion, even if products cost is higher, it results in much better performance, better quality of the water, lower costs of maintenance and less damages of dosing pumps equipment, which saves the government money in the cycle life of the pool and its supported equipment.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202(a)(11).

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 NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market Research was conducted through previous contracts (W912PF-14-P-0091) and personal knowledge of prior chemicals used. The products will be acquired using the chemical Blanket Purchase Agreements soliciting bids from the four vendors. Three vendors have provided written confirmation that their companies are able to provide the required item.

8. Other Facts: N/A.

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.

Typed Name:

Date:

Title:

Signature: _____________________________

10. Contracting Officer Certification/Approval:

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

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.

Typed Name:

Date:

Title:

Signature: ___________ _______________