M67004-18-P-3074_J&A.docx

UNITED STATES MARINE CORPS

MARINE CORPS LOGISTICS COMMAND

814 RADFORD BLVD

ALBANY, GEORGIA 31704-1128

IN REPLY REFER TO:

MCLC 13789

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).

1. 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:

TestVonics Inc. (CAGE 1A9E1) ADC-2500 Air Data Calibrator (2 each), For calibration of TTU-205 Aviation Mask test sets. NSN 6695-01-581-8231.

Required Delivery 12 June 2018

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.

The ADC – 2500 uses the latest version of proprietary TestVonics Inc. Enhanced Calibration Capability software. The software is installed in the unit and cannot be purchased separately.

1. _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 TestVonics Inc. Air Data Calibrator ADC-2500 will be used to calibrate the Marine Corps Logistics Command’s TestVonics Inc. TTU-205 Test Set. The equipment is used to test aviation masks for the US Armed Forces. US Air Force Technical Order 33K6-4-700-1 describes the ADC-2500 as the Aviation Management Analytical Consultants only approved Air Data Calibrator for the TTU-205 set. It utilizes the latest version of the Enhanced Calibration Capability software to auto-calibrate the TTU-205 test sets. The TestVonics ADC-2500 is the most current calibration tool for maintaining TestVonics TTU-205 Test Sets.

1. ___ 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:

1. Required delivery date/period of performance:

1. Explanation of why delivery/commencement of services by the date mentioned above is required:

1. If appropriate, include any additional pertinent information.

V. CERTIFICATIONS:

1. 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.

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

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