A03_J_A.pdf

Ju.\lilicalion for Other 1han Full and Open Compc:1i1ion - FAR Part I J Acquisilions under !he SAT

MEMORANDUM TO THE FILE J&A No.

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRF.sHOLD

I. BACKGROUND:

I. FAR 13. 106-1 (b)( I )(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:

General Dynamics CMSJ9 5.4JMM Plate Armour Steel Master Sheet- 15ea; CMSJ8 7.3JMM Plate Armour Steel Master Sheet - 15ea; CMS/912.71 ( 7' X 12') Plate Armour Steel JOea; CMS/8 6.31 ( 72" x 165 ) /Oea; RDD: 06/01/2022. Part Number:

D009108 & D0091 I 4. Required to fabricate ballistic resistant structural plates for the General Dynamics I.A V-25A2 Weapon System.

lll. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

I. _ 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. _X_ 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.

When replacing structural hull plates, the contractor is required to use CMS/8 & CMS/9 Steel (See Attached Statement of Work Change Proposal). General Dynamics is the only manufacturer that provides the supply and certifies it with the required Canadian Military Specification requirements. General Dynamics is also the Original Equipment Manufacturer for the I.A V-25A2 Weapon System.

3. OTHER REASONS.

V I. l (28 June 2018)

Jus1ifica1ion for Other than Full nnd Open Compc1i1ion - FAR Pan 1, Acquisitions undtr 1hc SAT

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:

I. 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:

V. 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.

~""' ~y0,. :t"-ffil.1\1#,~ ><J!ID. b.ln\21 Signature "'J 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. ( J~t)

=~~ &/.:J.'t/~~~ ' J Date

V I 3 (28 June 2018) Page 2 of2