A3. Determination that Only One Source is Reasonably Available (Including Brand Name) signedv2__Redacted.pdf

Determination that Only One Source is Reasonably Available (Including Brand Name)

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 12 ACQUISITION OF COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

I. BACKGROUND:

1. FAR Part 12 directs contracting activities to use procedures that are, to the maximum extent practicable, consistent with commercial practice.

2. As required by FAR 12.102(a), this document serves as the basis for the determination that only one source is reasonably available to satisfy the agency's requirements. This determination explains the absence of competition for this acquisition; this is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

The Library of the Marine Corps (LoMC) supports master’s degree and academic certification studies at resident and distance programs at Marine Corps University (MCU) in Quantico, Virginia. The LoMC/MCU require use of licensed copyrighted materials in conjunction with curriculum development and delivery to meet the academic needs of MCU students, faculty, and staff.

Ownership of copyrighted work includes the right to control the use of that work. Use of such materials by others during the term of copyright requires either permission from the author or reliance on the fair use doctrine. Failure to do one or the other will expose the user to a claim of copyright infringement for which the law provides remedies including payment of financial damage to the copyright owner.

Academic institutions like MCU are frequent users of copyrighted materials and must request approval to use materials from the rights holder(s) when fair use does not apply.

Many rights holders use a third-party service to manage processing and payments for use of their materials will not deal directly with requestors.

Such a service procures agreements with rights holders and then acts as their agent in arranging collective licensing for institutions and one-time licensing for document delivery services, course packs, and use of copyrighted materials in the classroom setting.

Service: Centralized service that provides collective licensing services of copyrighted materials for academic users.

Intended Use: Used to grant Marine Corps University (MCU) non-exclusive rights for its students, faculty, and staff to use copyrighted materials for curriculum development

DISTRIBUTION: DoW COMMUNITY ONLY rights to use many materials used by faculty for curriculum development and delivery. This will have a significant adverse impact on the University’s ability to meet its mission and qualify for academic accreditation.

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. ___ 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:

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.

___ See Signature__________ _________ Name (Printed) / Phone # Date

DISTRIBUTION: DoW COMMUNITY ONLY