CCC Licenses JA Redacted.pdf

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:

Service: Centralized service that provides collective licensing services of copyrighted materials for academic users.

Intended Use: Used to grant Marine Corps University (MCU) non-exclusive rights for its students, faculty, and staff to use copyrighted materials for curriculum development and delivery in an PME academic environment. These rights include using copyrighted materials in reading assignments, course packs, and resident and remote classroom instruction.

Required Source: Copyright Clearance Center, Inc.

Period of Performance: The anticipated period of performance for this contract will be twelve (12) months, from 20 August 2025 to 19 August 2026.

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. 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.

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

3. X OTHER REASONS.

Copyright Clearance Center, Inc. (CCC) is a completely unique company. No other company in the world provides comparable services. CCC is a U.S.

company based in Danvers, Massachusetts. It provides collective copyright licensing services for corporate and academic users of copyrighted materials. It was initially established by Congress as a federal entity within the Copyright Office of the Library of Congress. After it was stood up and operational, Congress made it a private non-profit company. CCC's sole purpose is to process copyright approvals for rightsholders, both within the United States and worldwide.

CCC procures agreements with rightsholders (primarily academic publishers) and then acts as their agent to arrange collective licensing agreements with institutions using those copyrighted materials in curriculum delivery and development. Most rightsholders give CCC exclusive rights to manage approval and payment processes for their copyrighted materials and refuse to deal directly with requests from institutions or individuals.

Mission impact: Without this contract, MCU will not be able to purchase the rights to use the majority of materials used by faculty for curriculum development ability to meet its mission and qualify for academic accreditation.

B. BRAND NAME

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

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:

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