Brand Name - Redact.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)

Controlled by: SOCOM, MARFORSOC, Contracting Controlled by: MARFORSOC Contracting CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: SSgt Hanna Tilley, 910-440-0777

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:

The SUEX XK underwater propulsion system is an advanced Diver Propulsion Vehicle (DPV) configuration designed for Special Operations Forces (SOF) peculiar diving operations. The system is comprised of the following integrated components:

SUEX GOLDFINDER XK DPV (Black): The core of the system is the GOLDFINDER XK, a high-performance DPV built for professional and technical diving. It features a robust aluminum body, a long-life Li-ION battery providing up to 360 minutes of runtime, and a maximum operating depth of 200 meters, enabling extended and demanding underwater excursions.

FRAME GEMINI XK: This frame allows for the coupling of two GOLDFINDER XK units, effectively doubling the thrust and operational range. More critically, this dual configuration provides essential redundancy, enhancing diver safety in the event of a single unit failure during a mission. The frame also includes a standard rail for attaching mission-specific payloads and equipment.

ERON D-1 DASHBOARD: This wrist-mountable or DPV-mounted dashboard serves as the central information and navigation hub for the diver. It wirelessly displays critical real-time data from the DPV(s), including remaining battery life, speed, and power consumption. For navigation, it provides heading, a compass, and waypoint-setting capabilities, along with essential dive metrics like depth and time.

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

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.

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

V 1.6 (20 December 2023)

Controlled by: SOCOM, MARFORSOC, Contracting Controlled by: MARFORSOC Contracting CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: SSgt Hanna Tilley, 910-440-0777

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.

Consideration of products manufactured by other companies is precluded because the SUEX brand is essential to the Government’s requirements for operational continuity, system interoperability, and diver safety. The SUEX brand of propulsion devices is the established and exclusive standard for all training and operations within the United States Special Operations Command (USSOCOM), meaning current MARSOC Dive Teams are already fully trained on this specific equipment. Procuring any other brand would invalidate existing training protocols and require a cost-prohibitive and time-consuming re-certification of all divers.

Furthermore, the Government requires a fully integrated navigation and propulsion system; the SUEX ERON D-1 dashboard is designed to be natively compatible with the SUEX DPVs, providing a single, cohesive system that delivers critical, life-sustaining data to the diver. This integration is a key feature that cannot be replicated by pairing another manufacturer's DPV with a separate navigation unit.

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: