Justification Approval for Other Than Full and Open Competition rigging and lowers redacted.pdf

Justification & Approval for Other Than Full and Open Competition Template v3.3 (July 2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by FAR Subpart 8.405 and in accordance with the requirements of FAR 8.405-6(b), the justification for the use of statutory authority under FAR Subpart 8.4 is justified by the following facts and rationale required under FAR 8.406(c)(2) as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal

Law Enforcement Training Centers (FLETC), Marine Training Branch (MTB) Driver Marine Division (DMD), and the Procurement Division (PRO) proposes to enter a contract on the basis of other than full and open competition.

2. Nature and/or Description of the Action being Approved.

FLETC intends to procure on a brand name only basis four (4) complete sets of Yamaha outboard rigging components and six (6) lower units. The parts will enable the operation of the 250HP Yamaha outboard motors used for the MTB fleet boats that are used for training. A solicitation number has not been assigned yet by GSA ebuy. It is expected that only one (1) award will be made off of this solicitation. FY23 Operation and Support funds have been committed for any resultant award. The estimated dollar amount for this acquisition is

3. Description of Supplies/Services. The Federal Law Enforcement Training Center Marine Training Branch (FLETC-MTB) operates a training vessel fleet of approximately 32 training vessels in support of maritime training programs. All but one vessel is powered using marine outboard engines of various make, model, and horsepower. Included in this inventory are various outboard engines of 225, 250 and 300 horsepower (hp). This purchase request is for

(4) complete sets of Yamaha outboard rigging components and (6) lower units which will enable the installation of the previously purchased 250 HP Yamaha outboard engines. The Yamaha rigging, components and lower units are necessary because no other manufacturers components are compatible with the Yamaha engines currently in FLETC inventory. Without the rigging and lower units, the MTB will not be able to conduct training.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. Identify the most applicable statutory authority that will be used to justify other than full and open competition from the seven listed under FAR 6.302.

The statutory authority permitting limited sources is 41 U.S.C.3102, 40 U.S.C. 501 and implemented by FAR Subpart 8.405-6(b), brand name items.

5. Identification of Exception to the Buy American Statute: N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. This paragraph is one of the most important parts of the J&A and should clearly identify why the proposed action must be