Redacted Cadet Records Manager JA.docx

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:

This requirement is for the a cadet record management system. The Contractor shall provide 259 MCJROTC units with Cadet Record Manager (CRM) Version 3 software for the purpose of uniformity in maintaining cadet records per the Performance Work Statement provided. The required delivery date is 30 september or date of award, whichever is later.

The total estimated value of this requriement is $0000000 Brand Name Mega Data Inc. Cadet Record Manager as follows:

Manufacturer: Mega Data, Inc.

Manufacturer POC and Phone Number: (561)798-3940 Manufacturer Address: 13667 Edith Rd, Loxahatchee FL, 33470-4911 No Authorized Resellers Available.

The required delivery/performance start date is 30 September 2020, or date of award, whichever is later.

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.

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

V 1.3 (28 June 2018)

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.

This Contractor provides an off the shelf software Cadet Record Manager to the MCJROTC units. Mega Data, Inc. released the first Version in 1997 for Army JROTC Cadet Command for the purpose of inspection ready records for over 600 units. In August 2002, United States Marine Corps 9th Recruiting District contracted for Cadet Record Manager Version 2, as the standard for MCJROTC within the district. Mega Data Inc. has continued to support with MCJROTC beta testing units to ensure the software meets the needs of MCJROTC, releasing Version 3 in 2017. Mega Data, inc. has responded over the years to the needs of MCJROTC and this software aligns all MCJROTC units throughout the United States and overseas.

Mega Data, Inc. is the Manufacturer and, as of today, the only source who can support this MCJROTC need. The company does not have authorized resellers for this product.

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:

Date on which the requirement was first identified:

1. Required delivery date/period of performance:

2. 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.

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.