A3-JA FAR 13 (V1.6 12-20-2023)DualSigned.pdf

CUI

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:

Requirement is Preventative Maintenance service for two (2) SolarBee aerators located at Lake O’Neil aboard Camp Pendleton, Ca. The aerators were purchased in 2005 and will be ending their “life span” at the end of this base plus four (4) PM contract. The company that had proprietary rights to the OEM parts and labor during the purchase of the aerator in 2005 was bought out by IXOM Watercare which still hold those rights. Making this a sole source requirement.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. XX ONLY ONE RESPONSIBLE SOURCE:

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. XX 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.

Controlled by: DON, USMC, I&L HCA Controlled by: MCIWEST-RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Sgt Rutkowsky, John john.rutkowsky@usmc.mil

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

Parts and services are only available from the manufacturer, IXOM Watercare.

The SolarBee aerators that were originally bought from and serviced by Medora Corporation had proprietary rights over the aerators when they were bought in 2005. However, IXOM Watercare acquired Medora Corporation and kept those aerator parts and services proprietary making this a “one responsible source” sole source service. A sole source letter from the company was provided and is labeled as “A9-Sole SourceLetter” in the E-file.

3. ___ OTHER REASONS.

B. XX BRAND NAME

OEM parts that are needed for the servicing of the current aerators at Lake O’Neil are particular to one brand, SolarBee, which is owned by IXOM Watercare. There are no authorized retailers that perform the necessary services for this requirement. All parts and licenses needed to perform services are brand name.

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. 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.

____________________ Kathryn Carmody / 760-763-8543 ____________ Signature Name (Printed) / Phone # Date

30 May 2025

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

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

____________________ Nina Kanoa / 760-763-6860 ____________ 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