A03_Determination that Only One Source is Reasonably Available - Allen Bradly (FINAL).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

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 COMMERCIAL 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 replacement components for Allen Bradley Micrologix 1500 Programable Logic Controllers (PLC) with Allen Bradley Compact Logix 5380 series.

Request delivery is as soon as possible.

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.

2. X 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.

Market research revealed that there are multiple distributors for Allen Bradley equipment. However, there is only one authorized distributor for the Albany, GA region for the OEM. The decision to preclude consideration of products from other manufacturers is based on the necessity for Allen Bradley brand parts to ensure compatibility with existing Allen Bradley equipment. This requirement involves replacing components of the Allen Bradley Micrologix 1500 PLCs with Allen Bradley Compact Logix 5380 series components. Allen Bradley is the only manufacturer that provides replacement parts designed to interface directly with their own systems. Other brands’ products do not offer the necessary compatibility, and attempting to modify them would risk system functionality and incur additional costs. As such, a “brand name or equal” purchase description cannot be used, as no alternative can meet the critical integration and performance requirements of the agency.

CUI Category(ies): PROCURE

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

3. ___ OTHER REASONS.

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:

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