A3 - Det that Only One Source is Reasonably Available SIGNED.pdf

CUI//SP-PROCURE//DL ONLY

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

V 1.6 (20 December 2023)

Controlled by: DON, USMC, I&L HCA Controlled by: MCINCR RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY

POC: MCINCR RCO

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:

TECOM’s Human Performance Branch is requesting the procurement of kits for the Sports Medicine Injury Prevention program to replace equipment that has reached end of life and replacement of consumed equipment. This requirement must support 25 different units with a total of 27 kits. The materials purchased will be utilized to assist military personnel with musculoskeletal injury prevention, and post injury rehabilitation and return to duty.

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.

The brand names provided must be used to ensure continuity and guaranteed compatibility with preexisting items. The brand names listed must be procured to

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

CUI Category(ies): PROCURE provide military personnel with the highest level of musculoskeletal injury prevention and post injury rehabilitation equipment. The equipment used by the Sports Medicine Injury Prevention (SMIP) personnel must be resilient and durable to withstand the everyday training of a Marine in the Fleet Marine Force and in the Training and Education pipeline. Due to the stringent schedule of a Marine in training their ability to visit SMIP personnel may be infrequent or irregular and thus requires material that is both durable and of high quality. All materials listed have been recommended and utilized by SMIP subject matter experts, and been proven in training with military personnel.

Brand Name Item AcuZone Aircast

AIREX

CanDo Theraputty CaviWipes CLINTON Industries

CRYOCUP

Johnson and Johnson COACH Compex Dura-Stick elgin Free-Up

GAME READY

Horizen Fitness Hyperice Hypervolt Hyperice Normateh

KINESIO

PowerFlex Protouch

ROCKTAPE

ROGUE FITNESS

Rolyan Spectrum Therapy BAPS

SWEDE-O

THERABRAND

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

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

CUI Category(ies): PROCURE 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.

____________________ Benjamin McAndrews / 703-784-0642 20240715 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.

____________________ Bradley Hoover / 703-784-1316 20240715 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