Redacted Brand Name Sole Source.pdf

For Supplies At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

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

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1.0 CONTRACTING ACTIVITY:

ARMY CONTRACTING COMMAND – ABERDEEN PROVING GROUND

TOBYHANNA DIVISION

11 HAP ARNOLD BLVD

TOBYHANNA, PA 18466‐5100

2.0 DESCRIPTION of ACTION:

FISCAL YEAR: OMA AWCF OTHER:

NEW REQUIREMENT FOLLOW‐ON REQUIREMENT PAN NO.:

PURCHASE REQUEST NO.: MORE THAN 1 PR? NO YES

YES BRAND NAME ONLY? NO

NAME of PROPOSED CONTRACTOR and ADDRESS:

3.0 DESCRIPTION of REQUIREMENT:

REQUIRED DELIVERY DATE: TOTAL VALUE:

TYPE of CONTRACT:

FIRM FIXED PRICE

TIME & MATERIALS/LABOR HOURS HYBRID

COST REIMBURSABLE

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

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4.0 AUTHORITY:

FAR 13.106‐1(b)(1):

PURCHASES NOT EXCEEDING the SIMPLIFIED ACQUISITION THRESHOLD, (SAT), $250,000.00, 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(a)(4): BRAND NAME FAR 16.505(b)(2)(i)(A): URGENCY

FAR 16.505(b)(2)(i)(B): ONLY ONE AWARDEE is CAPABLE FAR 16.505(b)(2)(i)(C): LOGICAL FOLLOW‐ON

FAR 16.505(b)(2)(i)(D): MINIMUM GUARANTEE

5.0 REASON for AUTHORITY CITED:

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

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6.0 PUBLICIZING CONTRACT ACTIONS:

FOR FAR PART 13 ACTIONS, the PUBLIC DISPLAY and SYNOPSIS REQUIREMENTS of FAR 5.101 and 5.203…

(a) … do NOT apply due to the $25,000.00 threshold; (b) … apply and WILL be followed;

(c) … do NOT apply due to exception at 5.202

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 will be followed.

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:

7.0 MARKET RESEARCH:

8.0 OTHER FACTS:

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

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9.0 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:

10.0 CONTRACTING OFFICER CERTIFICATION / APPROVAL:

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 to the availability of funds and provided that the supplies herein described have otherwise been authorized for acquisition.

THIS JUSTIFICATION IS: APPROVED NOT MET

TYPED NAME:

DATE:

TITLE:

For Example: W25G1V#######1 : Screws; W25G1V#######2 : Bolts; W25G1V#######3 : Nails

1151 Azalea Garden Rd.

Norfolk, VA 23502

1 Each - Quad EL Fusion Splice Kit - Part#: 0831-1119

- Briefly describe EXACTLY what supply item(s) to be purchased.

- Describe PLAINLY and CLEARLY.

- Include quantities and, part/serial/make/model numbers.

- AVOID unneccessary technical language and abbreviations. (Just because YOU know what it means, does not mean that the person(s) reading it knows what it means).

REMEMBER:

- This document is VERY LIKELY to be posted to the public, (as required by Federal Regulation).

- This description needs to be comprehensible to ALL potential readers, from the proposed contractor,to their immediate and potential competitors, to the civilians who's only hobby is looking into government spending.

0_(00A) SHOW RED TEXT AGAIN:

overhaul efforts. The Fitel Quad EL Fusion Splicer kit 0831-1119 is the only fusion splicer kit known to strip, cleave, fuse and protect four fiber all at one time and capable of processing both Tactical Fiber Optic Cable Assemblies (TFOCA) and Mixed Fiber Optic Cable Assemblies (MFOCA). The other characteristic available on the this particular kit is the ability to process four 250um or 900um fibers with 125um cladding diameter at the same time. There are no other kits known to contain a Quad EL Fusion Splicer and all the necessary accessories to complete both TFOCA and MFOCA splicing to this range of fiber optic material. Detailed drawings and specifications are not available.

0_(2B) RED TEXT:

- What is so different/special about this contractor, (unique capabilities, expertise, etc.), that justifies omitting opportunity for any and all other contractors within the same field/commodity?

- Explain why or how this is the only brand that will meet the Government’s needs. (Brand Name Only Requirements)

- Explain why purchasing similar items by competing brands & altering them "in-house" will NOT meet the Government's needs. (Brand Name Only Requirements)

- Describe the negative effects/serious injury to the Government or mission of the requiring activity if this justification is NOT approved and the item(s) cannot be provided by the intended sole source contractor.

- When stating substantial duplication of costs or unacceptable delays, you must include information on HOW it will cause these extra costs and delays. WHY the duplication of costs and/or delays are unacceptable.

REMEMBER:

- This document will be viewable to any and all of the contractors that you are trying to exclude from competition.

- Facts are your friend! Using words such as "probably" and "may" will only weaken your argument and give the impression that your justification is guess-work.

- Any version of the phrase "... the customer wants it..." is irrelevant.

of market research showed that other manufacturer's fusion splicer kits do not offer the ability to strip, cleave, fuse and protect four fiber all at one time, capable of processing both Tactical Fiber Optic Cable assemblies (TFOCA) and Mixed Fiber Cable Assemblies (MFOCA) and the ability to process four 250um or 900um fibers with 125um cladding diameter at the same time. This evaluator has researched Fiber Instrument Sales (FIS), Sumitomo Electronics Lightwave, Inc. and Fujikura (AFL Telecommunications in the USA) and none offered a complete kit which included all these components and performed the same functions as the Kitco Quad EL fusion splice kit. GSA was also checked and this exact kit was not found. There are no other kits known to contain a Quad EL Fusion Splicer and all the necessary accessories to complete both TFOCA and MFOCA splicing to this range of fiber optic material. Therefore, it has been concluded that Kitco Fiber Optics is the only manufacturer that can meet the requirement and it would cost the government more to try to purchase items separately and try to assemble the kit.

0_(1B) RED TEXT:

In accordance with AFARS 5110.002, market research must be meaningful, complete, and current.

- Describe the type of and the extent of the market research conducted to identify all qualified sources and the results thereof.

- Provide the timeframe in which market research was completed and who compiled the data.

- If the requirement is a brand name specification, market research must support that other companies’ similar products, or products lacking the particular feature specified, do not meet, or cannot be modified to meet, the agency’s needs.

Discuss any other facts which support the use of a sole source for this effort.

Include the procurement history of the item/service.

If this is a modification, include whether or not the contract award was competitive or not.

RESET FORM: