A3 Justification for Other than Full and Open CompetitionFAR13UnderSAT.pdf

CUI

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

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:

The items requested is the Wenger StageTek seated riser system, and additional Wenger stage components. This stage will be used in Marine Band San Diego’s performing mission. The stage must be able to hold the entire Band with its equipment, and work in conjunction with the stage system already in use by the Band.

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.

Controlled by: DON, USMC, I&L HCA

Controlled by: RCO MCI-West

CUI Category(ies): CONREG, PROCURE, SSEL, Limited Dissemination Control: DL ONLY

POC: Sgt Michael McCormick 760-725-8127

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.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

The system shall be brand name in order to match preexisting components currently in operation by Marine Band San Diego. The preexisting components are made by Wenger and have the same construction and safety features as the requested stage system. Other manufacturers do not have compatible systems.

Integrating non-Wenger pieces with our current system would require additional structural modification and customization from the manufacturers. Making these changes to our Wenger system would come at a risk to compromising the safety features and structural components, creating gaps and unlevel surfaces for those utilizing the stage. These systematic variations can introduce logistical complexities, additional costs, and delays when attempting to combine or repair mixed-stage setups.

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:

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

Nina Kanoa / 760-725-8127 08/18/2023