Justification for Other than Full and Open Competition - FAR.pdf

CUI

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

V 1.5 (14 March 2023)

Controlled by: DON, USMC, I&L HCA Controlled by: RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Rowena Hardgrove 760-830-5336

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:

Annual subscription to RS Means online. RS Means is online comprehensive database for cost estimation software. Intended uses are online access to RS Means Cost Estimating Software, online access must support 10 users accounts and online access must include the full RS Means library. The required source is The Gordian Group Inc. DBA RS Means Company LLC. Required period of performance is 26 April 2025 to 25 April 2026.

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. _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.

RS Means cost information is copyrighted information and solely owned by RS Means Company LLC. (Sole Source Qualifications on File)

CUI

V 1.5 (14 March 2023)

Controlled by: DON, USMC, I&L HCA Controlled by: RCO CUI Category(ies): PROCURE

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.

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:

4. If appropriate, include any additional pertinent information.

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.

____________________ Travis Fowler, (760) 830-7788 ________ Signature Name (Printed) / Phone # Date

CUI Category(ies): PROCURE

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

CUI Category(ies): PROCURE

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

DATE: 25-Mar-2025