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 1.1 (30 June 2016)

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)(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:

The Office of United States Marine Corps Communication (OUSMCC) Communication Operations Branch is seeking to purchase a wireless transmission kit that is compatible with the existing mobile production system currently residing at Headquarters Marine Corps (HQMC). The wireless capability and video camcorder w/lens will upgrade the existing mobile system and minimize the overall footprint of the Video Production System. This mission essential equipment is currently being leased from vendors when the requirement is present. In the last 12 months, the wireless capability was required for Marine week, Senator Glenn’s services in Ohio, and at Marine Barracks Washington. The procurement will save the Marine Corps money over the life cycle of the equipment. OUSMCC wishes to obtain the required equipment at the best price available.

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.

B. _X__ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer. OUSMCC is requesting a specific brand name (Teradek) for these items in order to be able to integrate this new equipment with other capabilities in and around the

National Capitol Region. Other commands and organizations have Teradek systems in use and OUSMCC needs to be able to match the same capabilities. Using alternative brand names will cause a breakdown and mission failure when using these mobile

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

V 1.1 (30 June 2016) production cameras in the field. Market Research shows that while other systems have the needed capability to perform mission related duties. The existing Teradek system has proprietary technology that cannot be obtained by Government.

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.

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