A03_Determination - FAR Part 12 Acquisitions under the SAT (V1.6 12-20-2023) Signed.pdf

Controlled by: DON, USMC, I&L HCA Controlled by: MARCORLOGCOM CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: GySgt Jamie N. Fernandez

CUI//SP-PROCURE//DL ONLY

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 12 Acquisitions under the SAT

V 1.6 (20 December 2023)

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 12 ACQUISITION COMMERICAL PRODUCTS AND

COMMERCIAL SERVICES

I. BACKGROUND:

1. As required by FAR 12.102(a) this memorandum documents the determination that, for this acquisition valued at or below the Simplified Acquisition Threshold (SAT), only one source is reasonably available. This memorandum further outlines the basis supporting that determination.

II. DESCRIPTION OF ITEM OR SERVICE:

This requirement is for the software renewal of annual subscription of 250 licenses for Adobe Acrobat DC Professional for Enterprise and 3 licenses for Adobe Creative Cloud Desktop Application.

Period of Performance: 23 May 2026 – 22 May 2027

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. ___ 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. ___ OTHER REASONS.

B. X BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer. This requirement is for the software renewal of the annual subscription of Adobe Acrobat DC Professional for Enterprise and Adobe Creative Cloud Desktop Application licenses under LGA VIP ID# DBB8792512741B73006A which are currently utilized within Blount Island Command (BICmd). The specific type of licenses used is by Named User. This specific software brand name is vital to maintaining existing mission critical documents for end-users on their daily operations when opening documents local and network drives and online documents libraries. The capability of this software

CUI Category(ies): PROCURE

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 12 Acquisitions under the SAT converts documents generated via Microsoft Office Suites or O365 automated products such as Word, Excel, PowerPoint, etc. In addition, Adobe Acrobat DC Professional and Adobe Creative Cloud Desktop Application are currently the only software approved for use on the Marine Corps Enterprise Network that can fulfill this requirement, see MCO 5230.21.

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

CUI Category(ies): PROCURE

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 12 Acquisitions under the SAT

Distribution List for DL ONLY Limited Dissemination Control

• 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