Det.OneSource(Including Brand Name)(V1.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 service is an annual requirement for subscriptions to Environmental Systems Research Institute’s (ESRI) ARCPRO mapping software. Headquarters Battalion, 1st Marine Division requires (20) ArcGIS Pro Basic, (4) ArcGIS Spatial Analyst for ArcGIS Pro, and (4) ArcGIS 3D Analyst for ArcGIS Pro. All software includes a standalone option and single-use perpetual licenses. Procurement is for 12 months, 1 March 2026 to 28 February 2027.

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. X RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

ESRI is the sole manufacturer of ArcGIS ARCPRO software and retains its proprietary rights. ESRI ARCPRO is the sole software that RMTK can work with in order to build surface danger zones and weapons danger zones for live fire planning, both CONUS and OCONUS.

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.

Controlled by: DON, USMC, I&L HCA Controlled by: MCI-WEST RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Sgt Osoriozenil, Alejandro, 760-725-8449

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

3. ___ OTHER REASONS.

B. X BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer. ESRI product licenses are only offered by ESRI through a GSA Multiple Award Schedule (MAS), and there are no approved resellers to distribute their software licenses. There are no other brands that will be compatible with the existing RMTK platform being utilized.

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.

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.

Signature Name (Printed) / Phone # Date

Nina Kanoa / 760-763-6860

CWO5 Ray Browne / 760-763-3725 01/13/2026

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