A1_Brand Name JA Multi-IDE Bundle.pdf

Controlled by: DON, USMC, I&L HCA Controlled by: MARCORLOGCOM CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Jason Alexander 229-639-8143

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:

The Marine Depot Maintenance Command (MDMC) Albany, GA is requesting the procurement of a National Instruments Multi-IDE Bundle Subscription, specifically for Volume License Agreement Service ID 3641676, to renew six (6) existing seats under part number 940006-10.

This procurement consists of a base year followed by three one-year options.

The software components obtained through this subscription will support developers in the Electronic Software, Calibration, & Test (ESCT) Division in creating, modifying, and maintaining system software for Automated Test Equipment (ATE) and other division-maintained test hardware.

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

This brand-name software is uniquely required to support existing software applications developed and maintained by the division since 2017. These applications run exclusively on National Instruments PXI chassis and proprietary hardware platforms, creating a strict dependency on National Instrument's software ecosystem.

CUI Category(ies): PROCURE

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

Because the existing test and evaluation software architecture is built directly upon National Instruments-owned software, utilizing any alternative brand would disrupt operational continuity and introduce severe technical incompatibility. Furthermore, the National Instruments Multi -IDE Bundle has been formally researched, vetted, and approved by Headquarters Marine Corps (HQMC) C4. This software is required to conform to the specific Marine Corps Information Technology infrastructure managed by Headquarters Marine Corps (HQMC) Command, Control, Communications, and Computers (C4). Standardizing on National Instruments products are critical to avoiding substantial delays in Information Technology support, mitigating integration risks, and ensuring the continued operational success of the ATE hardware.

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:

CUI Category(ies): PROCURE

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