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:

This training course is designed for USMC maintenance personnel responsible for the Joint Light Tactical Vehicle (JLTV) and Medium Tactical Vehicle Replacement (MTVR) equipment. It includes classroom instruction with PowerPoint presentations, Interactive Electronic Technical Manual (IETM) use, and hands-on sessions covering system-specific electrical, hydraulic, and pneumatic operations. The practical training addresses system and component repair, troubleshooting, and maintenance procedures, enabling personnel to effectively troubleshoot, inspect, repair, adjust, and perform preventive maintenance on the unique equipment used by the

USMC.

During the course, students will acquire comprehensive knowledge of proper operation, lubrication, adjustments, preventive maintenance, and troubleshooting procedures for the diverse sub-systems of the vehicle. The training ensures a thorough understanding of these essential aspects. Following the completion of the training, dedicated time will be allocated for the administration of written examinations. Successful participants will be awarded certificates, validating their proficiency in the specified areas of vehicle operation and maintenance.

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

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

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.

Controlled by: DON, USMC, I&L HCA Controlled by: MCIPAC RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: SSgt Taca, Bruce M.

DSN: 645-4643

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.

Oshkosh Corporation stands as the exclusive manufacturer for the entire fleet of Joint Light Tactical Vehicle (JLTV) and Medium Tactical Vehicle Replacement (MTVR) vehicles currently deployed by the military. These specialized vehicles are tailored to the unique requirements of the Department of Defense (DOD) and are not available for purchase in the open market. Oshkosh assumes a comprehensive role in supporting these military assets, not only as the sole manufacturer but also by delivering the requisite training stipulated in the Performance Work Statement (PWS) for all vehicle variants within their product range. Unlike some companies, Oshkosh does not license its training programs or designate authorized resellers for training purposes. The responsibility for training falls on the government, but logistical challenges such as timing and overseas (OCONUS) locations render it impractical for government entities to provide this essential training. With no other identified sources capable of delivering the specialist training outlined in the PWS, Oshkosh Corporation remains the indispensable and singular provider of both the unique vehicles and the associated training needed to ensure their effective utilization within the military context.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

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

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.

____________________ MGySgt Frost, Christopher O./622-7548 ___________ 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.

____________________ SSgt Taca, Bruce M./645-4643 1/19/2024 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