Determination that Only One Source is Reasonably Available.pdf
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- Notice of Intent to Sole Source Eclipse Software
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United States Marine Corps
About this file
This is a Memorandum to File documenting a determination that only one source is reasonably available for a FAR Part 12 acquisition of commercial products and services by the Headquarters Marine Corps (HQMC), Judge Advocate Division. The acquisition covers the renewal and reinstatement of Anytime Support for Eclipse Vox and Eclipse Edit court reporting systems through Advantage Software, the sole authorized provider. The requirement encompasses annual renewal of Anytime Support for 55 Eclipse Vox accounts and 20 Eclipse Edit accounts, plus reinstatement fees for 48 Eclipse Vox systems and 20 Eclipse Edit systems. Anytime Support includes one year of 24/7/365 unlimited technical support and access to the latest software updates and tools necessary for court reporters to record and translate time-sensitive Military Courts-Martial records. The total estimated value of the requirement is redacted in the document.
The determination justifies the sole-source procurement under FAR 6.103-1(b) based on exclusive licensing agreements, as Eclipse Vox and Eclipse Edit systems are available only from Advantage Software and no other type of supplies or services will satisfy agency requirements. The procurement must be conducted on a sole-source basis to maintain compatibility and interoperability for use on the SCINet, which is governed by Defense Intelligence Agency policy and regulations. Market research has confirmed Advantage Software as the sole provider, and the Judge Advocate Division commits to recurring market research throughout the product lifecycle to evaluate other brands or resellers as part of regular technology refresh activities. Full and open competition may be pursued in the future if new or similar products are approved for use on the SCI Network.
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Text version
Determination that Only One Source is Reasonably Available (Including Brand Name)
V 1.6 (20 December 2023)
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.
FAR 6.103-1(b) states, “Agencies may contract without providing for full and open competition when the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. For DoD, NASA, and the Coast Guard, this authority extends to situations where only a limited number of responsible sources can satisfy agency requirements.”
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.
The HQMC, Judge Advocate Division, has a requirement reinstatement and Anytime Support renewal for Eclipse Vox and Eclipse Edit through Advantage Software. Market research has identified that the Eclipse Vox and Eclipse Edit systems are only available through Advantage Software. Advantage Sotware has provided the necessary documentation to confirm they are the sole provider.
The Judge Advocate Division will continue to monitor the market and evaluate the potential usage of other brands or resellers as part of its regular technology refresh and sustainment life cycle. This product is specific in nature and designed to aid court reporters in accomplishing their mission of recording and translating time-sensitive and required Military Courts-Martials record.
This procurement must be conducted on a sole source basis to maintain compatibility and interoperability for use on the SCINet governed by Defense Intelligence Agency (DIA) policy and regulations. Recurring market research will be conducted throughout the lifecycle to examine the suitability of technologies and products. Full and open competition may be sought to the maximum extent practicable if new or similar products are approved for use on the SCI Network.
3. OTHER REASONS.
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