A01_JA_Customer_SYSCAL.KO signed.pdf

CUI

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.4 (03 October 2022)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION FOR A FAR PART

13 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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

SYSCAL is a calibration software program developed by Astronics Test Systems to calibrate the Virtual Instrument Portable Electronic Repair/Tester (VIPER/T) AN/USM-717(v)4. Astronics is the OEM for the AN/USM-717(v)4 .system. SYSCAL was developed by Astronics for the sole purpose of calibrating the VIPER/T system. SYSCAL has been used to calibrate VIPER/T systems sine 2017. Standards used by the program are obsolete and need to be

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (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.

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.

The SYSCAL Software was developed by Astronics for the sole purpose of calibrating the VIPER/T system.

The Marine Corps and the Saudi Arabian National Guard (SANG) are the only users of the VIPERT/T and therefore the only users of the SYSCAL Software. Astronics owns the source code for development/update of current program.

3. OTHER REASONS.

If another vendor was selected to update the current SYSCAL program, development would have to start from the ground up. This would more than double the Period of Performance and logarithmically increase the cost.

Controlled by: DON, USMC, I&L HCA Controlled by: MARCORLOGCOM MCFCS CUI Category(ies): PROCURE Limited Dissemination Control: DISPLAY ONLY POC: MARCORLOGCOM Contracts Department

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.4 (03 October 2022)

B. BRAND NAME

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

C. URGENT AND COMPELLING. 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:

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.

Patricia Kay Rowland 229-639-7789 20240108

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

ROWLAND.PATRI Digitally signed by

CIA.K.1203635601 1

Date: 2024.01.18 11:41:33 -05'00'