Justification for Other than Full and Open Competition FAR Part 13 Acquisitions under the SAT (V1.5 3-14-2023).pdf

CUI//SP-PROCURE//DL ONLY

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

CUI//SP-PROCURE//DL ONLY

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:

ASSY. CRSHR BODY – OD5000

Part number: 3-502002 Manufacture: CP Manufacturing Inc.

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: GySgt Robert F. Siewert 315-645-7642

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

V 1.5 (14 March 2023)

B. _X_ BRAND NAME

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

The Crusher Body Assembly is a proprietary part that is only manufactured by CP Manufacturing Inc. This supplier is the only source for replacement parts for the OD5000 Ordinance Deformer. Parts from another brand would not satisfy the requirement.

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