A3_Brand Name JA Redacted.pdf

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

V 1.3 (28 June 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)(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:

This requirement is for the extended hardware warranty and preventive maintenance for one (1) Solid State Media Disintegrator (SSMD-2mm) located at

Marine Corps Support Facility Blount Island, Jacksonville, Florida.

Hardware Information

Item Description Part/Model Number SN Solid State Media Disintegrator SSMD-2mm 72-1950

Requirements

Description Manufacturer Part Number Extended Hardware Warranty Data Security, Inc. 999-SSMD

Preventive Maintenance Data Security, Inc. PM-SSMD

Periods of Performance

30 September 2024 – 29 September 2025

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.

B. _X__ BRAND NAME

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

It is essential that the Data Security, Inc. will be brand name or manufacturer for the Solid-State Media Disintegrator to extend the hardware warranty and include annual preventive maintenance. Utilizing the same brand or manufacturer to maintain the warranty and maintenance of the hardware to ensure complete repair program from the manufacturer.

The extended warranty includes parts and labor, and this includes shipping cost if the repair on-site is not feasible may require sending it back to the manufacturer. Having an annual preventive maintenance improves the life span of the hardware performed by a certified Data Security technician and alleviates warranty void compared to the customer performing the preventive maintenance. This requirement will save the government up to 88 percent of the cost versus buying a new machine costing $60K to have a capability to destroy and dispose circuit boards, SIM cards, CD/DVD/blu-ray disk, USB/flash/thumb drives, and solid-state disk drive onsite and avoiding cost and time to ship to NSA/CSS for proper destruction.

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:

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.

____________________ Charles Stichberry / 904-696-5641 _________

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