1.17 J&A MEMO.pdf

PR# N8344724RC005PK

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. 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).

2. 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 ITEM OR SERVICE:

The purpose of this contract is to ensure attendance of multiple static display aircraft at the 2024 Wings Over Cowtown Air Show, Naval Air Station Joint Reserve Base Fort Worth. The date’s for the Air Show are 13-14 April 24 and aircraft will arrive prior to that date to facilitate setup on the airfield. The aircraft that will be a part of this air show are the B-25, C-45, U-3, T-6, and BT- 13.

The specific Vendor that was requested is: Central Texas Wing Commemorative Air Force.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. _X__ 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.

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.

BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. _X_ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

Naval Air Station JBRB Ft. Worth conducted market research for Static Display Aircraft and concluded that Central Texas Wing Commemorative Air Force is the only vendor that is able to supply these Warbird static displays which are an integral part of the overall Air Show event.

They are considered historical in nature. Static display are obsolete and Central Texas Wing Commemorative Air Force is the only known source that provides this specific World War II Aircraft.

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

C. 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:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Certification/Approval.

Contracting Officer Name (Printed) / Phone # Date

C. FLCJ Code 200 Approving Official GS-14 or Higher.

Division Director Name (Printed) / Phone # Date

For Sole source:

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Certification/Approval.

Contracting Officer Name (Printed) / Phone # Date

C. Supervisory Contracting Officer

Supervisory Contracting Officer Name (Printed) / Phone # Date