A3-Justification for Other than Full and Open Competition VTC.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 requirement is for a Video Teleconferencing (VTC) System extended service maintenance aboard Marine Corps Recruit Depot, Parris Island.

The VTC was recently completed for the General’s building in which the company designed, built, and installed the Cisco Video Communications server, TelePresence

ISDN link devices, switches, and endpoints. This is the on-going annual vendor technical support. This vendor support will provide remote and on-site maintenance as needed.

Vendor information: Komplete Systems Integrators

Cost: $3,112.15 base period. Total requirement cost: $15,560.75

Period of Performance: Base plus four (4) twelve months option periods.

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. ___ 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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then

Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY

ONE RESPONSIBLE SOURCE, should be left blank).

3. _X__ OTHER REASONS.

This on-going support contract for direct support of the 80 thousand dollar Video

Teleconferencing System installed by this specific vendor. This vendor installed and configured this system, in addition to training local technicians on how to operate it. This vendor has intimate knowledge on what programming was required to make the system fully operational on the installation secure and non-secure network. Support by another vendor without this knowledge could cause the system to fail and have an adverse effect on the communications operational readiness.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a

“brand name or equal” purchase description cannot be used (see FAR 11.104).

Describe how 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.

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: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

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