A3- JA KO 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)

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:

This urgent requirement addresses the critical need for Ballistic Laser Eye Protection (BLEP) for 2nd Battalion, 7th Marines (2/7) currently deployed to Seal Beach in response to civil unrest in Los Angeles. 2/7 personnel are operating in a volatile environment with the potential for exposure to hazardous materials, projectiles, and laser pointers, particularly during crowd dispersal operations. These threats pose a significant risk of eye injuries, which could impair operational effectiveness and necessitate medical evacuations, further jeopardizing mission success and the safety of both Marines and civilians. Providing adequate eye protection is paramount to mitigating these risks and ensuring 2/7 can safely and effectively execute its mission.

Due to short timeframe to source and deliver, comprehensive market research across the industry was infeasible. ESS BLEP was the first identified source that met the technical protection specifications generated by the unit. ESS models offer a critical combination of ballistic protection, adaptable lens interchangeability, and compatibility with existing Marine Corps equipment. The ESS BLEP models exceed ANSI Z87.1+ and MIL-PRF-32432(GL) standards for ballistic impact resistance, providing essential protection against projectiles and other hazards present in the operational environment. Its interchangeable lens system allows Marines to quickly adapt to changing light conditions, ensuring optimal visibility during both day and night operations. Critically, the ESS BLEP model’s compatibility with existing ESS eyewear already issued to Marines maximizes interoperability and logistical efficiency by allowing for the interchange of lenses. Specifically, Marines with issued prescription inserts can still wear them with the ESS BLEP model.

The Independent Government Estimate for this procurement is $150,500.00.

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

Controlled by: DON, USMC, I&L HCA Controlled by: MCIWEST RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Maj Owen Trotman (760) 725-8457

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

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 justification for procuring the ESS Ballistic Laser Eye Protection (BLEP) is further strengthened by the Marine Corps' existing use of ESS eye protection.

Marines are already issued and trained on various ESS eyewear models, ensuring familiarity with the brand's features and functionality. Critically, the ESS BLEP lens compatibility with other ESS products already in use by 2/7 maximizes interoperability and logistical efficiency. Specifically, Marines with issued prescription inserts can still wear them with the ESS BLEP model. This allows Marines to interchange lenses between their issued ESS eyewear and the BLEP model, streamlining logistics and reducing the need for multiple sets of lenses.

This interoperability is crucial in a rapid deployment scenario, ensuring that Marines have the appropriate eye protection readily available without logistical delays or compatibility issues. Procuring the ESS BLEP leverages the Marine Corps' existing investment in ESS products and maximizes operational readiness in this urgent and evolving situation.

C. X 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: June 14th, 2025

2. Required delivery date/period of performance: June 17th, 2025

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

3. Explanation of why delivery/commencement of services by the date mentioned above is required: 2/7 is currently deployed to Seal Beach in response to civil unrest in Los Angeles. This unit is tasked with maintaining order and protecting public safety. The immediate need for Ballistic Laser Eye Protection (BLEP) was identified on June 14, 2025, due to the potential exposure of personnel to hazardous materials, projectiles, and laser pointers during crowd dispersal operations. These threats pose a significant risk to the safety and well-being of deployed Marines, potentially resulting in eye injuries that could impair their ability to perform their duties. Failure to provide BLEP by June 17, 2025, would severely compromise the safety and operational effectiveness of 2/7. Without adequate eye protection, Marines would be vulnerable to serious injury, potentially requiring medical evacuation and reducing the unit's ability to respond effectively to the evolving situation. This could escalate the civil unrest and endanger both the Marines and the civilian population. The urgent nature of this requirement stems from the immediate threat to personnel safety in a dynamic and potentially volatile environment. The rapid deployment of 2/7 and the unexpected intensity of the civil unrest necessitate an expedited procurement process. A rapid market survey conducted by the contracting office revealed that the estimated lead time for compliant BLEP units from ServMart or GSA was 7 days to 28 days. These timelines were not rapid enough based on the urgent nature of the requirement. Additionally, 2/7 personnel contacted all tactical stores in the local area, and none had the type or quantity of BLEP required.

Therefore, it was determined that the open market was in the best interest of the government. The contracting officer called two vendors, KVG and Terrestris, to ascertain capability to meet the urgent requirement. Based on email correspondence and phone calls, Terrestris was responsive to the requirement and could meet the critical delivery deadline of June 17, 2025. Therefore, a sole source award was done to Terrestris for 700 BLEP units at $149,996.00.

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.

____________________ 1st Lt Ralph Prophete / 760-830-7139 Signature Name (Printed) / Phone #

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

____________________ Maj Owen Trotman / 760-725-8456 Signature Name (Printed) / Phone #