A03_JA_Brand Name_ESAMS_Latest Version.pdf

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

V 1.3 (28 June 2018)

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:

This acquisition is restricted to the following source:

Manufacturer: HGW & Associates, LLC Manufacturer Address: 9000 Executive Park Drive Suite C-150, Knoxville, TN 37923-4685

Enterprise Safety Applications Management System (ESAMS) provides a mechanism for the centralized collection of data with a core repository of information using integrated applications and standardized responses for data accountability and evaluation. ESAMS is a data collection tool, but performs automated site-specific analysis functions across various applications and stores historical data that is not available in another system. Standardizing Occupational Safety and Health Administration (OSHA) program management functions and the data-call responses will improve accuracy, provide real-time data, and result in better business decisions, increasing efficiency and cost savings throughout the enterprise. ESAMS is an approved enterprise-wide, web based management system that provides a tiered approach to access control. The system allows personnel to access data, based upon their designated access levels. Access levels include supervisor, department, installation, multi-installation, regional, headquarters, and program levels to view and edit data based on their scope.

Purchase renewal licenses for the Web-based application, ESAMS for a period of one (1) year commencing 1 April 2022 through 31 March 2023

III. 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):

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. _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.

ESAMS is a proprietary web-based application which is maintained, operated, and supported by HGW & Associates. HGW & Associates is the only company that has this application which is specifically tailored to the Marine Corps. Policy Statement 6-13 directs ESAMS as the Marine Corps Logistic Command’s safety and health management system to be in accordance with MCO 5100.29B and DoDI 6055.07.

3. ___ OTHER REASONS.

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:

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.

Signature Name (Printed) / Phone # Date donna.sneed Typewritten Text Donna Sneed /229-639-7519 3/21/2022

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