PDF_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 1.2 (22 March 2018)

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:

Marine Air Group 26 (MAG 26), Camp Lejeune is requesting Mobilex Storage Systems, manufactured by Montel Inc., to be purchased and installed in the flight-line storage room. The storage system will consist of 120 storage movable locker spaces and 20 free standing static lockers are required to meet student capacity. These additional lockers will provide secure and safe storage for required flight vest, helmets, and associated flight gear due to pyrotechnic actuated devices. The required delivery date will be 30

September 2019.

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.

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.

The current Mobilex Storage System MAG 26 has installed in the work space is a Montel Inc. storage system which rests upon a movable rack system. The requested storage lockers will be in addition to the current storage system manufactured by Montel Inc., in which, Montel Inc.

retains proprietary manufacturing specifications. Advanced Equipment

Company (AEC) has an Exclusive Licensing Agreement with Montel Inc.

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

V 1.2 (22 March 2018) to provide and service the Mobilex storage systems for the Camp Lejeune area.

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