single_source_justification--MFR.pdf

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

MEMORANDUM FOR RECORD

SUBJECT: Use of a Single Source below the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

A. 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).

B. 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 is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED

The contractor shall provide four (4) hard wall units that have a minimum 840 square feet (SF). Units are required to be furnished with office desks and chairs. Each unit is required to have refrigerators and microwave to support test personnel.

Units must be pre-wired for 100amp electrical service with 12 outlets minimum and an electrical service and Internet connections utilizing Cat5e, RJ-45 keystone wall connectors. Installation is required on or about 15 July 2022 and removal is required NLT 30 Sep 2022.

Period of performance is 1 July 2022 to 30 Sep 2022.

III. RATIONALE FOR SOLICITING FROM A SINGLE SOURCE OR BRAND NAME (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.

[ Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need. ]

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.

[ Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM. ]

OR ...

[ Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank). ]

3. BRAND NAME

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

[ Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how 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. ]

4. OTHER REASONS

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

Market research utilized the Small Business Dynamic search tool to identify any vendors capable of meeting this requirement in the Anchorage and Matsu area. Additional searches were conducted through Internet searches and attempts to reach out to local area vendors capable off meeting this requirement. Additional Nationwide search agencies were contacted in order to provide quotes to meet this requirement. These resulted in no quotes received for the requirement. Only one source was found capable of meeting the requirement, Willscot, located in Wasilla Alaska. Market Research failed to find any other source capable of meeting the requirements terms and conditions.

B. UNUSUAL AND COMPELLING URGENCY.

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:

[ Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc. ]

4. If appropriate, include any additional pertinent information.

[ Enter here. ]

IV. CONTRACTING OFFICER'S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Refer to FAR 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

Typed Name and Rank/Grade of Contracting Officer

DANIEL P. SWOYER, GS-13, DAF

Signature of Contracting Offficer

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

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MEMORANDUM FOR RECORD

SUBJECT: Use of a Single Source below the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

A. 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).

B. 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 is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED

III. RATIONALE FOR SOLICITING FROM A SINGLE SOURCE OR BRAND NAME (select all that apply):

The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

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.

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

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:

4. If appropriate, include any additional pertinent information.

IV. CONTRACTING OFFICER'S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Refer to FAR 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

9.0.0.2.20120627.2.874785

Units must be pre-wired for 100amp electrical service with 12 outlets minimum and an electrical service and Internet connections utilizing Cat5e, RJ-45 keystone wall connectors. Installation is required on or about 15 July 2022 and removal is required NLT 30 Sep 2022.

Period of performance is 1 July 2022 to 30 Sep 2022.

OR ...

[ Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank). ]