A3_FAR 8.4 Limited Sources Justification (V1.4 11-29-2023) MK1_MK2 Kits_Redacted.pdf

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V 1.4 (29 Nov 2023)

Controlled by: DON, USMC, I&L HCA Controlled by: MCFCS MARCORLOGCOM CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: MARCORLOGCOM Contracts Department

MEMORANDUM TO THE FILE

Subj: FAR SUBPART 8.4 LIMITED SOURCES JUSTIFICATION

I. BACKGROUND:

A. FAR 8.405-6 states that orders placed or BPAs established under Federal Supply Schedules are exempt from the requirements in FAR Part 6. However, an ordering activity must justify its action when restricting consideration. This memorandum documents the justification for limiting sources, in accordance with FAR 8.405-6(c).

B. This acquisition is conducted under the authority of the Multiple-Award Schedule Program (see

FAR 8.401).

C. For a proposed order or BPA exceeding the simplified acquisition threshold (SAT), the requiring activity shall assist the ordering activity contracting officer in preparation of the justification, in accordance with FAR 8.405-6(c)(1).

II. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

This acquisition is being conducted by the Department of the Navy, under the Headquarters Marine Corps, Installation and Logistics (HQMC, I&L) Head of the Contracting Activity (HCA).

The executing contracting office is Marine Corps Logistics Command Contracts Department.

III. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

Award of a firm fixed price delivery order on a limited source basis for MK1 and MK2 Kits in support of Marine Depot Maintenance Command (MDMC) by MacGyver Solutions, Inc.

IV. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING THE ESTIMATED VALUE):

MDMC is requesting procurement of MK1and MK2 kits from MacGyver Solutions, Inc. to enable maintenance support to the being used by the Fleet Marine Force. The estimated delivery date for the items being procured will be designated upon the completion of the delivery order and has an estimated contract obligation amount of $372,000.

V. THE DETERMINATION TO LIMIT SOURCES IS BASED ON THE FOLLOWING AUTHORITY

AND SUPPORTING RATIONALE (select all that apply):

A. ___ AN URGENT AND COMPELLING NEED EXISTS, AND FOLLOWING THE

PROCEDURES IN FAR 8.405-2 OR 8.405-3 WOULD RESULT IN UNACCEPTABLE

DELAYS (FAR 8.405-6(a)(1)(i)(A)):

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:

FAR Subpart 8.4 Limited Sources Justification

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. Market research:

B. _X_ ONLY ONE SOURCE IS CAPABLE OF PROVIDING THE SUPPLIES OR SERVICES

REQUIRED AT THE LEVEL OF QUALITY REQUIRED BECAUSE THE SUPPLIES OR

SERVICES ARE UNIQUE OR HIGHLY SPECIALIZED (FAR 8.405-6(a)(1)(i)(B)) (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.

The MK1 and MK2 kits being procured contain multiple items that are readily available through mandatory sources and federal supply schedules. The part list and quantities pertaining to each kit, however, have been confirmed via email, to be proprietary to MacGyver Solutions, Inc.

3. ___ OTHER REASONS.

C. ___ IN THE INTEREST OF ECONOMY AND EFFICIENCY, THE NEW WORK IS A

LOGICAL FOLLOW-ON TO AN ORIGINAL FEDERAL SUPPLY SCHEDULE ORDER

(FAR 8.405-6(a)(1)(i)(C)):

The original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA was not issued under sole-source or limited-sources procedures.

D. ___ ITEMS PECULIAR TO ONE MANUFACTURER (FAR 8.405-6(b)):

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

VI. DETERMINATION THAT THE ORDER OR BPA REPRESENTS THE BEST VALUE:

The Contracting Officer has determined that the order or BPA covered by this justification will represent the best value to the Government. Fair and reasonable pricing will be determined and documented in a FAR part 8.4 award decision document (See tabe G40),in accordance with DoD Class Deviation 2014-O0011 using the proposal analysis techniques at FAR 15.404-1.

VII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE

HOLDERS:

A discussion of the market research conducted among schedule holders and the results, or reason market research was not conducted, is included in Section V, above.

VIII. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS:

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V 1.4 (29 Nov 2023)

For the reasons set forth in Part III, the activity has no plans at this time to take action to eliminate the barriers that led to restricted consideration for the types of supplies covered by this justification; however, this will be reassessed during follow-on acquisition planning.

IX. CERTIFICATIONS, REVIEWS, AND APPROVALS:

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the supporting data under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Technical/ Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined that this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of limited sources for the subject procurement, as described herein.

Signature Name (Printed) Phone No. Date

05/12/2025

12 MAY 25

13 May 2025

13 May 2025

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