A03_JA Final_Signed.pdf

Controlled by: DON, USMC, I&L HCA Controlled by: MARCORLOGCOM MCFCS CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: MARCORLOGCOM Contracts Department

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

V 1. ( 202 )

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)(3)(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:

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.

CUI

CUI

Marine Depot Maintenance Command (MDMC), Production Plant Albany (PPA), is requesting to repair and calibrate one Model FSMR50 Measuring Receiver. A Z540 or equivalent calibration is required at 36 month intervals, per the original equipment manufacturer's recommendation. There are no prior contracts for this requirement at this time.

Rohde & Schwarz has restrictive rights to the diagnostic and repair data to perform the services requested.

Rohde & Schwarz is the Original Equipment Manufacturer and sole source distributor of repair and calibration services for the FSMR50 unit being required. No other manufacturer has the repair and diagnostic data to perform this service.

CUI

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

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:

4. If appropriate, include any additional pertinent information.

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.

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

CUI

Digitally signed by

HOLSINGER.JOHN.M.1244916488

Date: 2023.08.09 11:37:28 -04'00' John M. Holsinger (229)639-7691 08/09/2023

ECHAVARRIA.CHR

ISTOPHER.LAURE

YS.1465551999

Digitally signed by

ECHAVARRIA.CHRISTO

PHER.LAUREYS.146555

Christopher L. Echavarria (229)639-6747 09/06/2023

CUI//SP-PROCURE//DL ONLY

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

CUI//SP-PROCURE//DL ONLY

V 1.5 (14 March 2023)

Distribution List for DL ONLY Limited Dissemination Control

MCFCS Personnel

LB Personnel

Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

Any other individual designated by the KO