Justification for Other than Full and Open Competition.pdf

CUI//SP-PROCURE//DL ONLY

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

V 1.5 (14 March 2023)

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:

Product Brand: Carrier Part Numbers: P045-31721K and P045-2512K (Including Piping Kit M/N: 30RBA07050)

These items are required within (6) months after award of the contract.

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. 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. ___ OTHER REASONS.

Controlled by: DON, USMC, I&L HCA Controlled by: MCIPAC RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Sgt Bovee, David – 315-645-8696

B. _X__ BRAND NAME

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

Carrier brand Chiller Compressors (Scroll Type) will be used as a replacement part for the current existing Carrier Chiller Units installed on Marine Corps Base, Camp S.D. Butler, Okinawa, Japan. The compressors are (1) of the (4) critical components included in these units. Brand integrity is essential as the compressors are the most crucial component of an air conditioning (AC) system that is designed for overall system performance, efficiency, and durability.

Manufacturers in the HVAC industry create original spare parts for compressors exclusively and in a manner that their complexity makes them extremely difficult to install or replace. Other brands are incompatible due to fitting and sizing, specifically chiller tonnage, electric power requirement, and capacity of oils and refrigerant/freon. Using alternative brand compressors would risk that the entire AC system failure would occur as there is differences of electronics system operation, electrical power and pump horsepower, and physical configurations, including compression flow rate and sensory efficiency. Without brand compatibility, the Government risks potential costs incurred to replace current AC systems in upwards of $75,000 per unit. Therefore, allowing alternate brands would incur significant costs unable to be recovered through Full and Open Competition.

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:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

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

Distribution List for DL ONLY Limited Dissemination Control

• MCFCS Personnel

• LB Personnel

• Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

• Any other individual designated by the KO