JA Other Than Full and Open Festo Redacted.pdf

UNITED STATES MARINE CORPS

REGIONAL CONTRACTING OFFICE

MARINE AIR GROUND TASK FORCE TRAINING COMMAND

MARINE CORPS AIR GROUND COMBAT CENTER

BOX 788153

TWENTYNINE PALMS, CALIFORNIA 92278-8100

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETTION

1. Contracting Activity.

Regional Contracting Office (RCO) 29 Palms

Marine Air Ground Task Force Training Command (MAGTFTC)

Marine Corps Air Ground Combat Center (MCAGCC)

Twentynine Palms, CA 92278

2. Description of the Action Being Approved.

The RCO will issue a Firm, Fixed Price (FFP) Extended Warranty and Service (EWS) contract for

Festo docking station and associated circuit boards, as well as preventative maintenance and logistical sustainment service for the Festo Radar Trainer. This J&A authorizes and approves on a sole source basis the issuance of a single award contract to Festo Didactics Inc., 607 Industrial Way

West, Eatontown, NJ 07724 in accordance with 41 U.S.C. § 1901.

3. Description of the Supplies/Services.

The training system is a unique combination of hardware and software providing a complete learning solution for electronics training. The training workstation consists of a base unit and customized boards, covering a wide range of electronics topic. Each board comes with comprehensive, hands-on instruction with theory and practice.

The EWS program provides repair/replacement of failed components and annual calibration/alignment, software upgrades, courseware and manuals for the Festo Radar Trainer

Systems and the Festo Trainer Systems. Each of the following: all Electronic Fundamental

Training Systems, Technical Theory Course Festo docking stations, and associated circuit boards will receive service under the EWS on a regular basis.

Service for the Festo trainer systems is to commence on 09/20/2022 through 09/19/2023. No option periods are offered by Festo Didactic, Inc. The estimated value is approximately

$733,821.45 and will be funded with fiscal year 2022 Operations and Maintenance, Marine Corps

(O&M, MC) appropriations.

4. Statutory Authority Permitting Other Than Full and Open Competition.

41 U.S.C. § 1901, Simplified acquisition procedures (Certain Commercial Items).

5. Rationale Justifying Use of Cited Statutory Authority.

Festo Didactics is the original equipment manufacturer (OEM) of the Festo Radar Training System and is the only known source for the components and data required for maintenance and/or system upgrades. Festo does not license its proprietary data to others for maintenance or warranty support.

Festo’s exclusive rights in the Festo Radar Training precludes any other source from being able to perform this work.

J&A No. MCAGCCJA22-0005

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

It was determined that Festo Didactics is the only company that can maintain and update the existing system that supports this requirement. Historical data (back as far as 1998 when originally purchased for MCCES) has shown that the previous awards were sole sourced and the requirement is the same as the previous awards. In accordance with Federal Acquisition Regulation (FAR) Part

10, market research was conducted. A Sources Sought Notice was advertised on Sam.gov and to date, no other sources have been identified. Ultimately, the market research demonstrated that

Festo Didactics is the only source that can provide services and supplies related to the Festo Radar

Training System because of its exclusive, proprietary data rights.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, the requiring activity has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, the requiring activity will assess whether competition for future requirements is feasible.

Because this effort is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).