A03_SSJA 13_SUP_PRE-SOL.pdf

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 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 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)(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:

This requirement is for TCMax software licenses, training, and associated support services.

Soaring Software will conduct four sessions of a five-business-day Electronic Inventory Control System indoctrination, initial setup, and on-site test and evaluation. Each session will accommodate up to 20 students and be led by two certified instructors. Services include:

• Tailored system configuration

• Baseline inventory population

• Functional testing

• A 10-day episodic on-site support period with guided troubleshooting, validation, and user assistance

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.

Soaring Software Solutions, Inc. is the original developer and sole authorized source for TCMax software and services. The TCMax system includes proprietary software, restricted technical data, and unique configuration protocols. Soaring Software holds exclusive rights to the source code, system architecture, and training materials.

No other vendors are authorized to distribute, replicate, or train users on the TCMax platform. Attempting to use another vendor would compromise system security, invalidate

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

V 1.6 (20 December 2023) warranties, and risk ineffective training due to lack of access to proprietary tools and workflows. The required services are therefore only available from one source.

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. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Jordan D. Orellana, GySgt/USMC .

Signature Name (Printed) / Phone # Date

20250822