Deter-One Source Available 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

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 requirement is for the annual inspection, testing, diagnostics, and maintenance services of HURST brand spreaders, cutters, combination spreader/cutters, rams, and strong arms owned by the Fire and Emergency Services Departments aboard Marine Corps Base Camp Pendleton (MCBCP), Marine Corps Logistics Base (MCLB) Barstow, Marine Corps Air Ground Combat Center (MCAGCC) 29 Palms, and Marine Corps Air Station (MCAS) Miramar. The tables below provide the equipment type, quantities and serial numbers of each item for the different locations:

Camp Pendleton Equipment Type Brand Qty

Spreader Hurst 5 Cutter Hurst 5 Combination Hurst 11 Ram Hurst 9 Strong Arm Hurst 1

Controlled by: DON, USMC, I&L HCA Controlled by: Fire and Emergency Services of MCI-West Area of Responsibility CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Brian Cato (brian.cato@usmc.mil, 858-307-1956); Christopher Hubmer (christopher.hubmer@usmc.mil, 760-763-2701); Ryan Tworek (ryan.tworek@usmc.mil, 760-577-6099); Marcelino Ryan (marcelino.ryan@usmc.mil, 760-830-7770) mailto:brian.cato@usmc.mil mailto:christopher.hubmer@usmc.mil mailto:ryan.tworek@usmc.mil mailto:marcelino.ryan@usmc.mil

V 1.6 (20 December 2023)

Miramar Equipment

Spreader Hurst 2 Cutter Hurst 2 Combination Hurst 2 Ram Hurst 3 Strong Arm Hurst 1

29 Palms Equipment

Spreader Hurst 4 Cutter Hurst 7 Combination Hurst N/A Ram Hurst 4 Strong Arm Hurst N/A

These annual services are mandated by the National Fire Protection Association (NFPA) and manufacturer specifications. This maintenance ensures device reliability, extends the life of the equipment, and helps prevent costly repairs. These compliance requirements cannot be deferred or interrupted without creating liability concerns and compromising equipment reliability during emergency situations.

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. 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.

HURST Jaws of Life, Inc. (HURST), as the Original Equipment Manufacturer (OEM) of the HURST eDRAULIC spreader, cutter, and combination tools along with their Ram and Strong Arm equipment hold proprietary rights, including but not limited to patents, copyrights, and trade secrets, regarding the design, functionality, and internal workings of the equipment. These rights extend to the specific diagnostic software, calibration tools, and detailed technical knowledge required to perform comprehensive annual inspections, testing, diagnostics, maintenance, and calibration services. This includes access to proprietary algorithms and data necessary to ensure the device operates within validated performance specifications.

The restrictive rights held by HURST make these services available from only one source because only HURST possesses the complete and unrestricted access to the intellectual property necessary to properly assess, maintain, and calibrate the equipment to OEM standards.

2. X EXCLUSIVE LICENSING AGREEMENTS. These services are only available from authorized sources from the Original Equipment Manufacturer

(OEM).

HURST has authorized an exclusive and limited amount of third parties to provide the annual inspection, testing, diagnostics, maintenance, and calibration services. This exclusivity is maintained to ensure quality control, maintain equipment integrity, adhere to regulatory requirements, and minimize the risk to patient safety. This exclusivity is maintained to ensure quality control, maintain equipment integrity, adhere to regulatory requirements, and minimize the risk to patient safety.

A letter dated June 18, 2025, received from HURST, identifies L.N. Curtis & Sons as an authorized provider for rescue equipment sales and service to the United States Government and military market. Circumstances surrounding why the item or service is only available from the OEM authorized third party is as follows:

• Quality Control and Patient Safety: L.N. Curtis & Sons maintains strict control over the service process to guarantee that all equipment is maintained to the highest standards of performance and safety. This ensures consistent and reliable operation, which is critical in life-saving situations.

• Regulatory Compliance: L.N. Curtis & Sons, as the authorized provider, is responsible for ensuring that the equipment meets all applicable regulatory requirements and performance standards. Allowing unauthorized third parties to perform maintenance could jeopardize regulatory compliance.

• Equipment Integrity: Using non-OEM parts or services can compromise the integrity of the equipment and potentially void the manufacturer's warranty. L.N. Curtis’s third party exclusive sales and service agreement with HURST protects the Government's investment and ensures the longevity of eDRAULIC spreaders, cutters, and combination tools along with their Ram and StrongArm equipment.

• Liability: L.N. Curtis & Sons assumes liability for the proper functioning of the equipment when services are performed by their trained and authorized technicians. Utilizing an unauthorized third party would introduce potential liability issues and could compromise patient safety.

• Risk Assessment and Mitigation: A comprehensive risk assessment reveals significant potential hazards associated with using non-OEM authorized third party service providers. These hazards include:

• Compromised Equipment Performance: Inadequate training, lack of access to proprietary diagnostic tools, and use of non-OEM parts can lead to inaccurate diagnoses, improper calibration, and reduced equipment performance, potentially resulting in equipment failure during critical events.

• Increased Equipment Failure Rate: Improper maintenance can accelerate equipment degradation and increase the likelihood of unexpected failures, jeopardizing personal safety and requiring costly emergency repairs.

• Legal and Regulatory Risks: Failure to comply with regulatory requirements due to improper maintenance can expose the organization to legal liabilities and penalties.

Safety Risks: The ultimate risk is that a malfunctioning or improperly maintained equipment will fail to operate effectively and lead to death or dismemberment of first responders and/or civilians.

A search of the HURST website (www.JawsofLife.com/find-a-dealer) confirms L.N. Curtis & Sons is the only authorized HURST dealer to service equipment in San Bernardino and San Diego counties. MCBCP, MCLB Barstow, MCAGCC 29 Palms, and MCAS Miramar are all located within these counties.

Therefore, L.N. Curtis & Sons is the only source reasonably available to provide the required annual inspection, testing, diagnostics, and maintenance services for the HURST equipment at the specified Marine Corps installations.

3. ___ OTHER REASONS.

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:

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.

http://www.jawsoflife.com/find-a-dealer

Signature Name (Printed) Date

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

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