D1. REDACTED J&A for UTV's.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:

The Marine Corps University (MCU) Facilities Maintenance section requires procurement of new Utility Terrain Vehicles (UTV) and UTV. MCU’s current UTVs are antiquated and past their life expectancy due to rigorous daily use. Daily use involves moving large debris that occurs after storms, material handling, moving/removing large trees and limbs off the roadway, and provide the ability to support trail runs. The UTVs are required to allow for the use of mounted equipment, such as a snowplow, bush hog, industrial blower, water trailer, limb chipper, utility trailer and more.

The total estimated value of this requirement is

This requirement provides Brand Name John Deere for the following:

Manufacturer Mfr Model No.

Name and Description Qty

John Deere XUV835R Utility Terrain Vehicle John Deere Gator XUV835R (Model Year 2022)

Manufacturer: John Deere & Company Manufacturer POC and Phone Number:

Manufacturer Address:

Manufacturer’s Dealer:

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.

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

V 1.3 (28 June 2018)

3. ___ OTHER REASONS.

Not purchasing the new required John Deere UTVs will result in a continuous work stoppage, decrease in productivity, and

B. _X__ BRAND NAME

The two (2) new John Deere Utility Terrain Vehicles (UTVs) are replacing MCU’s existing UTVs, which are antiquated, past their life expectancy due to rigorous daily use, constantly in need of repair parts, and often causes work stoppage. Furthermore, MCU has invested money into purchasing attachments such as, two (2) each Gator Moose Snow Plows, Power Sweepers, and Snow Blower attachments specific and compatible only to John Deere UTV’s.

Not purchasing the new required John Deere UTVs will result in a continuous work stoppage, decrease in productivity, and will put an undue burden on the other base maintenance shops – leading to increased customer wait times, more utilization of outside and private contractors for even minor problems that arise, and the loss of some capabilities entirely.

The purchase of another manufacturer, brand name utility terrain vehicle will increase costs due to new/additional repair parts, maintenance plan, and training being required. Therefore, it is not in the best interest of the U.S. Government to duplicate cost by purchasing another brand name utility terrain vehicle or their accessories/repair parts.