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 1.1 (30 June 2016)

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:

There is a current fiscal year requirement to update the historical uniforms in use aboard Marine

Air Ground Combat Center (MCAGCC) Twentynine Palms. These uniforms are used for multiple activities aboard the installation. Mainly these uniforms are used during the celebration of the

Marine Corps birthday, and various other demonstrations. Additionally these uniforms serve an educational purpose by serving as exhibits for professional military education (PME) classes.

The uniforms kept in stock at the Consolidated Material Supply Center (CMSC) have become frayed from constant use. As such the requiring activity is looking to replace the uniforms that have become unserviceable.

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. ___ 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.

The United States Marine Corps Historical Company is dedicated to reproducing historically precise uniform replicas for educational and exhibition use. They produced the uniforms in use aboard MCAGCC 29 palms. Furthermore the items manufactured by the United States Marine Corps Historical Company are not costume but historically accurate uniforms designed for practical wear.

These items are being purchased directly from the OEM to ensure that historically adequate uniforms are maintained for the activities described in paragraph “II.

DESCRIPTION OF ITEM OR SERVICE”. In addition to manufacturing these uniforms, Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.1 (30 June 2016) the United States Marine Corps Historical Company provides an educational component with every uniform ordered that provides extensive instructions on the proper way to wear the uniform as well as significant historical information for the time period when the uniform was used.

Purchase from any other source would cause an adverse burden on the Government for both financial and logistical reasons. Purchasing these uniforms as direct replacements provide the best value to the Government.

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:

V. 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