A03_Brand Name Justification Welder.pdf

CUU/SP-PROCURE//DL ONLY

Determination that Only One Source is Reasonably Available (Including Brand Name) - FAR Part 13 Acquisitions under the SAT

MEMORANDUM TOTHE F�E

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-l(b)(!)(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:

Marine Depot Maintenance Command (MDMC) is requesting the procurement of four Miller Syncrowave® 400, Wireless Foot Control Complete Welders; Part Number 951873. The welders are used for critical fabrication and repair tasks within the maintenance shops and will aid in the continual performance of MDMC's mission.

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. ___ RESTRICTNE 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

Controlled by: DON, USMC, J&L HCA Controlled by: MCFCS MARCORLOGCOM CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: MARCORLOGCOM Contracts Department

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

CUI//SP-PROCURE//DL ONLY

Determination that Only One Source is Reasonably Available (Including Brand Name) - FAR Part 13 Acquisitions under the SAT

This requirement being fulfilled by Miller Welding brand name items will enable a seamless transition of work with the preexisting power cables, MIG/TIG torch cables, and tooling currently being used by MDMC. A deviation from the current operational tooling capabilities will incur additional delays in mission completion and unnecessary costs to procure compatible attachments.

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.

na Nicholas Elmer 639-5310 4/16/2025

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#

CUI//SP-PROCURE//DL ONLY

Date

V 1.6 (20 December 2023)

CUI//SP-PROCURE/IDL ONLY

Detennination that Only One Source is Reasonably Available (Including Brand Name)- FAR Purl 13 Acquisitions under the SAT

• MCFCS Personnel

• LB Personnel

• Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

• Any other individual designated by the KO

CUI//SP-PROCURE/IDL ONLY

V 1.6 (20 December 2023)

Distribution List for DL ONLY Limited Dissemination Control