A03_Justification for Other than Full and Open Competition (V1.4 10-03-2022).pdf

CUI

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

CUI

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:

On-site Semi-Annual Original Equipment Manufacturer (OEM), Comet Technologies USA Inc, doing business as YXLON International, preventative maintenance and service of a government owned YXLON international, X-Ray System, Model MG452, Serial Number 60-2708. The period of performance will include a Base Year with three one-year option periods. Comet Technologies (dba), YXLON International is the OEM

(CAGE 1EZR4).

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.

Comet/YXLON has sole proprietary rights/exclusive licensing agreements for the items/services sought and has confirmed they do not utilize distributors.

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.

3. ___ OTHER REASONS.

Controlled by: DON, USMC, I&L HCA

Controlled by: MARCORLOGCOM MCFCS

CUI Category(ies): PROCURE

Limited Dissemination Control: DISPLAY ONLY

POC: MARCORLOGCOM Contracts Department