Justification.pdf

DON SAP SINGLE SOURCE

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

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 is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Naval Facilities Engineering Systems Command (NAVFAC MIDLANT) requires a Contractor to provide Railroad Signal training to mechanics and supervisors that perform maintenance. repairs, maintain proficiency on legacy systems and new technology. The Contractor shall provide all educational services, instructors, reference materials. The training options must include preparatory classes in the following programs:

• Crossing Warning Systems Training

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. __X_ 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.

[Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.]

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. _X__ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

Signal Training Solutions, LLC has been the only company identified, to have the curriculum needed to provide the specialized Crossing Warning Systems training required by NAVFAC Mid- Atlantic for government personnel with oversight responsibilities for railroad warning systems. Signal Training Solutions has created a program that specifically tailored to the necessary education needed by the personal at PWD Crane. Training is majority hands-on for a more comprehensive learning experience that fits into a succinct 5-day program. If this requirement is not attained from Signal Training Solutions, NAVFAC Mid-Atlantic’s Public Works Railroad Signal Control Safety Program employees may not receive the appropriate level of training, knowledge and certification required to perform the duties in accordance with NAVFAC’s policies and procedures.

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

C. _X__UNUSUAL AND COMPELLING URGENCY. 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:

Customer requested a particular 5-day training program that Signal Training Solutions can teach. Restructuring now would cause delays to the scheduled class training time frame.

IV. CERTIFICATIONS/APPROVALS:

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

Contracting Officer Approval

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date