SAP_Sole_Source_J&A_Tampa_Microwave.docx

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR AN 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 subject action is a request to enter into a sole source new contract with Tampa Microwave, LLC (CC: 6PH44) for Microwave Antenna refurbishment and upgrade.

Provide the refurbishment of a Tampa Microwave Manpack Satellite Terminals consisting of the following: All system components dissembled, painted, inspected, replaced, and tested to the manufacturer standards of a new model. The antenna upgraded to a 65cm dish and feed. Includes 1-year warranty for system upon completion.

Refurbishment of Tampa Microwave satellite terminals will ensure reliability and extend the lifecycle of the current system that is was originally procured in FY11. The upgrade of the satellite dish from 45cm to 65cm will increase performance by providing 2x the gain (3db) of the originally fielded system. The warranty will provide maintenance support for the next year alleviating the need to cut a contract for each repair action.

The satellite terminal is employed across the MARFOREUROPE and AFRICA AORs by deployed rotational forces to provide NIPRNET and SIPRNET services. These services provide for command and control (C2), situational awareness (SA), and logistics capabilities to commanders and staff. One system will be refurbished, upgraded, and a 1-year warranty for a FFP of $34,407.00.

This action is a re-award for the refurbishment of a single system from contract M27100-16-P-3104. The item could not be completed under the previous contract due to Government caused delays. The customer had sent the incorrect equipment back throughout the period of performance of the contract, that was not in line with the repair schedule. Additional issues with customs had caused the return of the equipment to be delayed, which intern caused other equipment being sent to the contractor to be delayed. The repair was funded with FY17 appropriations, the contractor would not have started any work until FY18, which would be a violation of fiscal law. This work was de-obligated from contract M27100-16-P-3104. The customer was informed that a new requirement with current year funding would be needed in order for the repairs and upgrade to occur.

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.

Tampa Microwave LLC has provided documentation indicating that they are the sole company capable of providing refurbishment and upgrade of their own equipment. There are no responsible vendors that are authorized to modify, repair, nor upgrade the existing Tampa Microwave equipment already in possession of the Marine Corps.

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:

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.

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Enclosure (1)