D1. J&A – Diagnostic Software (REDACTED).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)(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 Marine Corps Base Quantico (MCBQ) Motor Transportation Maintenance MTM Diagnostic Scan Tools to be updated with new, current diagnostic software and support services for Priority 1 (emergency response vehicles) , Priority 2 (snow removal, plow/spreader trucks), and Priority 3 (all other heavy duty trucks and equipment). The new software will enable MTM to perform onsite in-depth diagnosis of all the base vehicles and equipment. The new software will also reduce or eliminate the need to send the vehicles to off base repair shops to have the diagnosis completed. The Marine Corps Base Quantico (MCBQ), Motor Transportation Maintenance MTM) currently has to send their Priority 1 vehicle to an off –site repair shop for diagnosis. The required period of performance is for 12 months, immediately upon award.

The total estimated value of this requirement is: XXXXXXXXX

Brand Name: Various OEM diagnostic software and maintenance support as follows:

Manufacturer Manufacturer Part No.

Name and Description Quantity

Detroit 94139 Detroit Diesel Diagnostic Link Software (most current version)

Cummins 121470 Cummins Insite Pro Renewal Software (most current version)

Allison 109919 Allison DOC Premium Software (most current version)

Caterpillar 128327 Caterpillar Electronic Technician Diagnostic Software (most current version)

Navistar 128329 International Navistar Engine Software (most current version)

Manufacturer: Various Manufacturer POC and Phone Number: Various Manufacturer Address: Various Manufacturer Dealer/Representative: Various authorized resellers available via open market.

The required delivery/performance start date is 9 April 2021, or date of award, whichever is later.

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.

3. ___ OTHER REASONS. (Other reason not identified above.)

B. _X_ BRAND NAME (Item required must be a brand name, product, or feature of a product, particular to one manufacturer.)

MTM is currently using outdated brand name diagnostic software to perform in-depth diagnosis of all equipment priority vehicles and equipment aboard MCBQ. The various diagnostic software is specific for each make of brand name vehicle/equipment and may only be used to perform diagnostics on that particular make/brand name for a proper in-depth diagnosis. The in-depth diagnosis will identify and locate the faults and malfunctions so vehicles and equipment can be placed back into operational status.

Currently, MTM is at a “work stoppage” for diagnosing equipment malfunctions for vehicles over 10000 GVW that need the use of a scan tool and the updated diagnostic software. This includes priority 1 emergency response vehicles and equipment. MCBQ MTM for the past year has been sending/outsourcing their priority 1 vehicles and equipment to local vendors for in-depth diagnosis and repairs. Costs incurred of having an off-site repair shop perform the in-depth diagnosis include, but limited to, $700.00 each towing expense to and from the off-site repair shop due to the nature of the breakdown. The diagnosis conducted from an off-site repair shop could cost on average of $2,000-$3,000 per vehicle. If an off-site shop fixes/repairs the vehicle or equipment after performing the in-depth diagnosis, their labor rate could cost from $190.00 - $240.00 per hour, maybe more.

The various diagnostic software for this requirement should be procured on a brand name basis so the current software can be updated in order for MTM to conduct proper in-depth diagnosis. The procurement of the required diagnostic software will reduce or eliminate the need for vehicles and equipment to be outsourced to off-site repair shops for in-depth diagnostic testing and repairs, thus, resulting in a cost savings. The updated brand name diagnostic software will increase MCBQ MTM efficiency, reduce operational interruptions and work stoppage for them and their customers, return vehicles/equipment back to full operation with little to zero downtime, and is in the best interest of economy and efficiency to the Government.

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.

IV. 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