A3_Justification for Other than Full and Open Competition MTU TRAINING_Signed.pdf

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:

Training for the 20V4000M93 engine will be conducted at the MTU America, Inc. Training

Center in Canton, Mi. 48188. Curriculum Mechanic CM2 will consist of handling of documents, design and function of the engine, explanations of oil, fuel, cooling, etc. systems, explanation of the fluids and lubrication specification, basic troubleshooting, execution of preventive (QL1) maintenance tasks, and execution of corrective (QL2) maintenance tasks.

Curriculum Mechanics CM4 will consist of exchange of cam shaft, exchange of cam shaft bearings, exchange of crank shaft, exchange of crankshaft bearings, exchange of gear housing, exchange of flywheel housing, and how to create measurement sheets. Duration of training will be 10 working days (5 days CM2 and 5 days of CM4 training. Training sessions will be held from 0800-1600 daily.

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.

MTU America, Inc. is the manufacturer of the 20V4000M93 engine and owns all of the technical data and has proprietary rights to all drawings, technical data, and training curriculum. MDMC will be required to overhaul the 20V4000M93 engine to OEM specifications, which will require training and certification from MTU America, Inc.

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.

X

_____________ _ PaulNiemeyer / 7605777759

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.

2 / 1 9 / 2 0 2 1

X G y S g t J a s o n A l e x a n d e r

S i g n e d b y : A L E X A N D E R . J A S O N . C A R L . 1 2 7 5 8 1 4 8 0 2

V 1.3 (28 June 2018)