A3- Justification and Approval (V1.6 12-20-2023)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:

Requirement is for legal references from Dewey Publications Inc. The books requested are specific to the areas of law that the Western Area Council Office (WACO) practices.

The law is constantly changing, and as employment and labor attorneys, WACO's reference material must be up to date because it will affect the accuracy of their work product and advice to the major commands they service. The books are the latest updated versions of previous books WACO has used and provide accurate and comprehensive information on the law and procedures that govern their practice.

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

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X__ 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. _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.

Dewey Publications Inc is the sole proprietor of their legal publications and are the only authorized distributors of them. These publications have

Controlled by: DON, USMC, I&L HCA Controlled by: MCIWEST RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Sgt Allen, Aniya L, (760) 725-8446

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT met the needs of WACO Camp Pendleton and are required due to familiarity, continuity and the continuing need for comprehensive legal references for the attorneys.

3. ___ OTHER REASONS.

B. _X__ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

Dewey Publications Inc is the sole proprietor of the brand name legal publications.

Moreover, the purchase of a different brand of publications would result in additional time spent by the attorneys to familiarize themselves with the references and new citations from the new publications as well as the possibility of new requirements in the future to meet the gap in comprehensiveness, which is not cost effective, and would cause a decrease in mission readiness. As of now the WACO Camp Pendleton bases all its references and practice in Dewey Publications Inc.

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.

___________________ Kristina Morrill, (760) 725-5328 ________ 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.

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

____________________ 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