Brand_Name_Justification_and_Approval_-_REDACTED.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Project Title: Replace C-130 Squadron Operations Facility

Project No.: FJRP089066

Solicitation No.: W91242-17-R-0001

13 October 2016

1. Contracting Activity: 145th Airlift Wing, North Carolina Air National Guard, Charlotte, NC.

2. Description of Action: The approval is for a subcontract. The type of contract is firm fixed price. The type of funds to be used is Military Construction.

3. Description of Supplies/Services:

a. Fire Alarm Radio Transceiver, BT-XM, Monaco Enterprises

4. Authority Cited: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The justification for other than full and open competition for the procurement of brand-name or peculiar to one manufacturer is limited to the systems and items listed in paragraph 3 of this memorandum. If these specific items and systems are not utilized, award to any other source will result in substantial duplication of cost to the Government not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements (See 10 U.S.C. 2304(d)(1)(B).). The manufacturer of the brand name listed above maintain the patent rights, copyrights and proprietary processes to provide, install, program (if applicable), and train others on the proper use of these systems and items. The brand name is required to meet stringent security and safety requirements of the facility and installation.

These systems and items are already in place at the installation. The use of other systems and items would require personnel to familiarize and train themselves on a different system resulting in a duplication of training costs and schedule delays.

6. Efforts to Obtain Competition: The above systems and items are limited to manufacturer trained technicians responsible for the installation, maintenance, repair, and application of products and equipment.

7. Fair and Reasonable Price: The brand name item in question from Monaco Enterprises can be found on their GSA schedule (GS-07F-0422K). A printout of this item is attached to this document in order to show estimated price.

8. Market Research: The manufacturer of these items possess the technical knowledge required to work on their systems. It is customary practice for manufacturers to limit proprietary information to technicians who have been properly trained and certified on how to install, maintain, repair, apply, and train others on the use of these systems and items.

9. Other Facts Supporting the Justification: According to common trade practice, the utilization of an installer or specialist not trained and certified by the manufacturer will void the manufacturer’s existing warranty.

10. Interested Sources: None

11. Actions to Increase Competition: None

1. Technical 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:

Title:

Signature:

2. 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.

Signature:

3. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The basis for this determination is price analysis conducted by the COR and the independent Government estimate. Certified cost or pricing data will not be required for subcontract on basis that it is commercially available per exception stated in FAR 15.403-1(b)(3).

Typed Name:

Title:

Signature:

Typed Name:

Title:

Approval

Based on the foregoing justification, I hereby approve the procurement of the brand name systems and items listed in paragraph 3 on an other than full and open competition basis pursuant to the authority of 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(ii), Only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name:

Title:

Signature: