A03_JA Final.pdf

CUI//SP-PROCURE//DL ONLY

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

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

I. FAR 13.106-1 (b)(I)(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:

The GBAD program r e q u i r e specific cables for the LMADIS systems we are building at MDMC. The systems produce, have radars for Counter Rocket, A1tillery, and Mortar (C-RAM) Sense & Warn missions. The systems detect, track and classify all types of elevated fire during critical missions. These advanced radar sensors are for air defense and active defense against all types of aerial threats. Leonardo DRS (RADA) is the OEM for the radars and cables needed for operations of the system. We are producing one system per two (2) months, which is a total of two (2) vehicles per system. In consideration of the long lead times and cost for items needed to ensure the full operation of the systems produced, we need to initiate a contract purchase to make sure we have the required items on hand to eliminate any delay in production.

Ill. 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):

I. _ 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.

Controlled by: DON, USMC, l&L HCA Controlled by: MCFS MARCORLOGCOM CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: MARCORLOGCOM Contract Department

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The source has established proprietary rights, patent rights, copyrights or secret processes in the item or service required. The OEM is the only entity that can suffice this requirement due to the systems being based on a MRZR D4 that are specifically designed to meet the very specific standards, and configuration, and require the use of the OEM specific standards. LMADIS System require the use of the OEM specific items, to ensure capability and performance of those items that are part of the system. The OEM, Rada Technologies LLC, own the exclusive licenses for the supplies being requested. There are no authorized resellers or distributors for this requirement.

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:

I. 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:

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

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 y knowledge and belief.

2296395310 Name (Printed)/ hone#

January 7, 2025 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

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

GySgt Jamie N. Fernandez / 9172825824 20250110

Distribution List for DL ONLY Limited Dissemination Control