S1.7r - JOTFOC Brand Name Osmosis Redacted.pdf

March 8, 2023 Version

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 13.106-1(b)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. Do not use marketing language in this document. Language such as “This company has made its mark,” “This company is recognized as industry’s best,” and “This company is the leader in…” is unacceptable.

PURCHASE REQUEST OR REQUISITION

NUMBER

PROJECT/TASK NUMBER

KIMBALL DS FQ4 FY24

/ WI 9

ESTIMATED AMOUNT

CITE AUTHORITY & JUSTIFICATION TYPE – READ 13.5 TO DETERMINE APPROPRIATE TYPE

41 U.S.C.1901

Simplified acquisition procedures. (a) When Procedures Are To Be Used.—To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts—

(1) not greater than the simplified acquisition threshold; and (2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items.

X

Brand Name:

If only a portion of the acquisition is for a brand-name product or item peculiar to one manufacturer, the justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. The justification should state it is covering only the portion of the acquisition which is brand-name or peculiar to one manufacturer, and the approval level requirements will then only apply to that portion. This requirement applies to FAR 6 and FAR 13.5 justifications.

41 U.S.C.1903

Special Emergency Procurement Authority. The authorities provided in subsections

(b) and (c) apply with respect to a procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used— (1) in support of a contingency operation (as defined in section 101(a) of title 10); (2) to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; (3) in support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.); or (4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). (b) Increased Thresholds and Limitation.—For a procurement to which this section applies under subsection (a)— (1)the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be— (A) $15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; (2 )the term “simplified acquisition threshold” means— (A) $750,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $1,500,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and (3) the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and section 3205(a)(2) of title 10 is deemed to be $10,000,000.

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE. The USCG requires the use of the Original Equipment Manufacturer (OEM) for Technical Representative Services to accomplish the following requirements:

Work Item 9: Reverse Osmosis, System Groom. OEM Technical Representative is required for the Lifestream Watersystem Reverse Osmosis Water Purifier Model #SW6994463CNG to accomplish the following site:

• Provide manufacturer’s proprietary information, software, and tools pertinent to the equipment system.

• Assist with and ensure compliance with manufacturer’s procedures and standards during the disassembly, inspection, repair, modification, calibration, and reassembly of the equipment/system.

• Technical Representative must be present in all aspects of this work item.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

March 8, 2023 Version

• Ride the ship during sea trials (72 hours)

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. Per the Specifications, Work Item 9 for Reverse Osmosis Water Purifier Model #SW6994463CNG, it states that the contractor must provide the services of a certified Technical Representative to accomplish all the tasks supporting the Lifestream Watersystem Reverse Osmosis Water Purifier Model #SW6994463CNG.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE). Once it is determined that the proprietary tech data is not readily available, it was clear that only a Lifestream Watersystem certified Technical Representative can perform the services Work Item will be solicited for competition in the KIMBALL FY24, Q4 DS availability specification package.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES.

Much of the production is made up of custom engineering systems to meet the Coast Guard’s specifications. Therefore, Lifestream Watersystem is the sole proprietor of data rights for these components. Only those Technical Representatives which has been certified by Lifestream Watersystem can execute work.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE. Due to the manufacturing of the vessel, it has unique components such as these that requirement an OEM certified Technical Representative to perform the work.

PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED. None.

LREPL

TELEPHONE

DATE

4/18/2024

LREPL-

CPD2

TELEPHONE

DATE

4/18/2024