Justification for Other than Full and Open Competition.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)(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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Dutch doors are required vice the single doors originally fabricated for installation.

Reason being single doors on two-level cages do not ensure proper chain of custody.

With a single door a Marine will have access to both levels of the gear cage. Dutch doors ensure that each Marine only has access to his/her respective cage. The purpose of installation was to provide Junior Selected Marine Corp Reserve (SMCR) Marines an appropriate means of storing their Individual Combat Clothing and Equipment (ICCE) gear at the Home Training Center (HTC) and reduce loss/theft. Estimated Cost:

$39,600.00.

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. X RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Fabrication of 3/4s of the materials necessary for the cages has been completed by the original vendor. All materials have been delivered to

4th LAR and are pending Dutch doors to restart/complete installation.

The original vendor must provide the required doors to ensure that they are 100% compatible with the existing materials.

2. X 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.

The original vendor has already fabricated the bulk of materials.

Soliciting to an additional vendor would result in a conflict in installation of the Dutch doors. Original vendor cannot proceed with current work without the new doors because they are required to align the frames and continue work. If a new vendor is selected that vendor would then have to install the frames which were sourced via the original vendor.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer. N/A

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: 4 Nov 2020

2. Required delivery date/period of performance: 30 Mar 2021

3. Explanation of why delivery/commencement of services by the date mentioned above is required: the unit will continue to have no means of properly storing gear and experience gear loss. Currently Marines are continuing to take gear home and regularly losing gear. The Financial Liability Investigation of

Property Loss (FLIPL) is executed however the lost gear is never replaced.

4. The purpose of procurement is to reduce theft and loss. MFR already is deficient

ICCE gear and replacements for lost or stolen gear is non-existent. Installation of cages will increase gear accountability and provide the command with necessary justification hold Marines liable for lost gear since the command will finally provide Junior SMCR Marines a proper means of storage.

V. 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