A3_Justification for Other than Full and Open Competition_I-Guides.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 request is for Annual Subscription and Support Renewal of I-GUIDES software products: I-GUIDES Enterprise Product Support & Maintenance; I- GUIDES Enterprise Marine Depot Custom Cloud Interface, I-GUIDES Enterprise Additional 5 User Product Support & Maintenance.

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. _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.

This requirement is for Integrated Global UID Enterprise Solutions

(IGUIDES) software, which is provided by CodeSource. There is only (1) authorized I-GUIDES re-seller by CodeSource that sells some standard parts, but no other company sells some of the I-GUIDES requested items by

MDMC, such as part #CS28-SFW-2010. This license/subscription for the software is a proprietary and must be procured thru CodeSource. Some of the hardware requested can be purchased from any re-seller authorized by

CodeSource, however, it will not include all of the requested items nor installation which are only provided by CodeSource. It would be in the

Government’s best interest to procure all items from CodeSource as they will provide installation and implementation modified to meet the Government’s need. CodeSource’s I-GUIDES Software is essential to the Government’s

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

V 1.3 (28 June 2018) requirements, and market research indicates other companies’ similar products or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. I-GUIDES provides direct support to all Marine Depot Maintenance command (MDMC) production lines by creating Dataplates and Item Unique Identification (IUID) markers.

Dataplates and IUID markers are mandated by the Marine Corps for installation on all war fighter hardware.

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:

4. If appropriate, include any additional pertinent information.

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.

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

Klinton Torbert / 2296395342 2MAR2022