Redacted Brand Name Justification.pdf

MEMORANDUM TO THE FILE

FY24 Motorized Entry Control Access Kit

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

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 is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Marine Corps Tactical Systems Support Activity (MCTSSA) provides test and engineering support services for Marine Corps Command, Control, Communications, Computers, Cybersecurity, and Intelligence (C5I) systems throughout their acquisition lifecycle. As part of Marine Corps Systems Command (MARCORSYSCOM), MCTSSA conducts testing and evaluation for Marine Corps major weapon system Programs of Record (POR).

MCTSSA is a restricted area with a clearly defined perimeter with controlled access of individuals (military, civil service, contractors, and official visitors) who require entry for reasons of official business, and render a service (vendors, delivery people). Accordingly, MCTSSA requires secure and operational access control points to ensure mission needs are met.

To meet this need, MCTSSA has a requirement to install a new HySecurity SwingSmart DC solution along with removal of existing non-operational HySecurity swing gate.

The requested contract need date is

Outlined below in Table 1 are MCTSSA’s Motorized Entry Control Access Kit requirements:

product other than HySecurity SwingSmart DC 20 would require replacement of MCTSSA’s entire motorized entry control access system – resulting in increased costs and learning curve for current MCTSSA Security and Logistics personnel.

HySecurity’s Original Equipment Manufacturer 5-year factory warranty for the SwingSmart DC 20 (24VDC/non-solar) product is valid only if the item is purchased through an OEM authorized distributor. As a result, the services must be provided by an authorized reseller.

Market research indicated that there are 20 authorized distributors of OEM HySecurity SwingSmart DC 20 (24VDC/non-solar) product and services in the local Camp Pendleton area (within a 100 mile radius). Two of these companies are small businesses registered on SAM.Gov. Both of the small businesses were contacted. One of the businesses said they would provide a quote when the Request for Quote is posted, and the other business said they would not provide a quote because Camp Pendleton is outside the 20 miles radius from their business.

Results of market research also indicated that a recommendation can be made to solicit this brand name requirement on SAM.GOV as unrestricted using simplified acquisition procedures in accordance with FAR Part 13.

C. ___UNUSUAL AND COMPELLING URGENCY. 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/APPROVALS:

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.