revised Justification Approval for Other Than Full and Open Competition rigging redacted_Redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by FAR Subpart and in accordance with the requirements of FAR

, the justification for the use of statutory authority under FAR Subpart is justified by the following facts and rationale required under FAR as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC), Marine Training Branch (MTB) Driver Marine Division (DMD), and the Procurement Division (PRO) proposes to enter a contract on the basis of other than full and open competition.

2. Nature and/or Description of the Action being Approved.

FLETC intends to procure on a brand name only basis four (4) complete sets of Yamaha outboard rigging components and six (6) lower units. The parts will enable the operation of the 250HP Yamaha outboard motors used for the MTB fleet boats that are used for training. A solicitation number . It is expected that only one (1) award will be made off of this solicitation. FY23 Operation and Support funds have been committed for any resultant award. The estimated dollar amount for this acquisition is

3. Description of Supplies/Services. The Federal Law Enforcement Training Center Marine Training Branch (FLETC-MTB) operates a training vessel fleet of approximately 32 training vessels in support of maritime training programs. All but one vessel is powered using marine outboard engines of various make, model, and horsepower. Included in this inventory are various outboard engines of 225, 250 and 300 horsepower (hp). This purchase request is for

(4) complete sets of Yamaha outboard rigging components and (6) lower units which will enable the installation of the previously purchased 250 HP Yamaha outboard engines. The Yamaha rigging, components and lower units are necessary because no other manufacturers components are compatible with the Yamaha engines currently in FLETC inventory. Without the rigging and lower units, the MTB will not be able to conduct training.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. Identify the most applicable statutory authority that will be used to justify other than full and open competition from the seven listed under FAR 6.302.

The statutory authority permitting limited sources is 41 U.S.C.3102, 40 U.S.C. 501 and implemented by FAR Subpart brand name items.

5. Identification of Exception to the Buy American Statute: N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. This paragraph is one of the most important parts of the J&A and should clearly identify why the proposed action must be

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021) accomplished through other than full and open competition. Provide a well-reasoned, detailed discussion of the issue that will make it clear to someone who is unfamiliar with your organization or your requirement why full and open competition cannot be used for this procurement. The following information must be included:

This acquisition is for brand name Yamaha parts. The FLETC Marine Training Branch currently has 8 brand new 250JP Yamaha outboard engines in inventory that require the necessary rigging components in order to install them on various FLETC vessels. 4 of the FLETC training vessels have high hour or broken engines that require repowering. Equipment other than listed in this request would have an adverse effect on DHS FLETC being able to provide training to its POs and any change of this existing equipment would not be cost effective for the organization at the present time.

Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable. This section should include the following information:

This acquisition will be posted on .

Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on use of GSA contract and publicly listed prices.

Description of Market Research. A search of the GSA schedules and open source vendors resulted in the identification of the parts located on GSA contract. This procurement will be advertised, solicited, and competed amongst GSA contractors.

Any Other Facts Supporting the Use of Other Than Full and Open Competition.

N/A A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition: N/A

A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required: N/A

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