JA_Brand_Name_or_Equal_(V1.0_06-13-19)_FESTO_Equipment.pdf

J&A No. MCAGCC 1904

V1.0, 13 June 2019

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF BRAND NAME OR EQUAL DESCRIPTIONS, OR PROPRIETARY SPECIFICATIONS

AND STANDARDS, IN SOLICITATIONS

1. Contracting Activity.

Marine Air Ground Task Force Training Command (MAGTFTC)/ Marine Corps Air Ground

Combat Center (MCAGCC), Regional Contracting Office North West.

2. Description of the Action Being Approved.

Inclusion of a proprietary specification or standard in M67399-19-P-0117, for 240 FACET computerized base units that are associated with interfacing to the series electronic training system.

3. Description of the Supplies/Services.

Marine Corps Communication-Electronics School (MCCES) has the requirement to replace the existing 240 FACET computerized base units. These base units are associated with interfacing to the series electronic training system used to train electronics fundamentals in the Basic Electronics Course (M092721) to approximately 750 entry-level Marines annually.

Estimated Dollar Value

FY19 Total

3B1D (1106) $316,603.16 $316,603.16

Total $316,603.16 $316,603.16

4. Statutory Authority Permitting Other Than Full and Open Competition.

This document meets the regulatory requirement at DFARS 206.302-1(S-70) to execute the justification and approval addressed at FAR 13.501(a) in order to use proprietary specifications and standards. FAR Subpart 13.5 procedures are being utilized for this acquisition in accordance with

41 U.S.C. 1901.

5. Rationale Justifying Use of Cited Statutory Authority.

Festo Didactic Corporation is the OEM. The requested item is a direct replacement of a component in the government owned and established FACET electronic trainer. No other OEM distributers or manufactures are authorized to replicate, distribute, or produce any item that is relative to the form and fit of this item. This request is for a base station model that connects to and controls the boards used in the electronics training lab. This model contains hardware and software that is solely proprietary to Festo Didactic Corp.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market research was conducted in accordance with FAR Part 10, and revealed that there are no other vendors in the commercial market capable of providing the required supplies. All J&A documents for previous FESTO repair services, parts, and warranty services were synopsized on

Federal Business Opportunities (FBO.gov) and returned no concerns from other vendors. On 18

August 2019 Walter Metzger, Technical Support Engineer for FESTO, sent a signed letter of sole source attestation to verify the certainty that no other industry or industry distributers can supply the item needed to replace the worn components.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, the activity has no plans at this time to eliminate the use of proprietary specifications and standards from future solicitations for the types of supplies/services covered by this document; however, this will be reassessed during follow-on acquisition planning.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined that this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.