JA_Brand_Name_NASBLA.docx

UNITED STATED MARINE CORPS

BLOUNT ISLAND COMMAND

5880 CHANNEL VIEW BOULEVARD

JACKSONVILLE, FLORIDA 32226-3404

IN REPLY REFER TO

MEMORANDUM TO THE FILE BIC- 18-0008

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 Corps Police Department (MCPD) requiring a Tactical Operator’s Course for its police boat coxswains performing Federal exclusionary zone enforcement. Course is provided by the National Association of State Boating Law Administrators (NASBLA). Require a 35- hour course of instruction to provide the knowledge, skill and ability for MCPD patrol boat operators to conduct security zone enforcement in a maritime environment. The cost will cover instructor compensation, travel, lodging, administration costs of handbooks and issuance of certificates as well as national database entry for (12) MCPD police officers with training delivery dates of: Primary 11-15 September 2017, Secondary 18-22 September 2017.

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.

Currently, the Federal Law Enforcement Training Center and NASBLA are the only small boat training sourced recognized by the United States Coast Guard as meeting a national standard of training and credentialing of state, local, county and tribal maritime law enforcement officers and rescue personnel in accordance with Section 70132 of Title 46 of United States Code as mandated in the Coast Guard Authorization Act of 2010.

NASBLA is a national non-profit organization and currently the only available source in the near term to deliver training on high risk, high speed, advanced tactical maneuvering boat course which will utilize pre-established safety parameters to teach boat operators/coxswains the following qualification tasks in accordance with nationally recognized Coast Guard’s Boat Operations and Training standards.

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. _X_ OTHER REASONS.

For antiterrorism/force protection purposes, MPF ships are high value assets which require USCG security protection for ingress/egress of Blount Island to the open ocean. The training provided by NASBLA allows for implicit communication and interoperable tactics and procedures during ship arrivals/departures due to adherence to the same operating procedures/standards. Additionally, local and state maritime law enforcement attend the same course of instruction which allows for the same interoperability in the maritime law enforcement/security environment. This intrinsic interoperability minimizes potential gaps in protection efforts in the event of a threat or hazard to the protected asset

B. ___ BRAND NAME

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

C. _X__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: 01 May 2018

Required delivery date/period of performance: Primary 06-10 August 2018, Secondary 20-24 August 2018.

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

Command critical MPF mission requirements rely heavily on waterborne exclusionary zone enforcement in the form of MCPD Patrol Boats to prevent unauthorized access into the slipway restricted area during ship offloads/backloads. Currently, Marine Corps Police Department’s manning is suffering from a manpower deficit of (17) police officers leaving a limited number tactical boat operator trained police officers to support operations. MCPD has reoccurring significant amounts of the use of overtime to ensure police boats are properly manned to support operations.

IV. 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.

C. Legal Counsel Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

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