Determination that Only One Source is Reasonably Available (Including Brand Name) - FAR Part 13 Acquisitions under the SAT (V1.6 12-20-2023).pdf

CUI

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 contract is intended to provide preventative maintenance, corrective maintenance, and support services for a government-owned Stratasys Fortus 450MC 3D printer. Services will include a base year of Emerald Care OEM maintenance support with four additional option years. The support plan includes preventive maintenance, on-site support within three business days, OEM-certified spare parts, software updates, and operator-level training at a discount. Additionally, a one-time Recertification Fee is required by the manufacturer due to the printer being out of warranty.

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.

Controlled by: DON, USMC, I&L HCA Controlled by: RCO 29 Palms CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Randy Zielinski 760.830.5336

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

2. _X__ 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.

Stratasys, Inc. is the Original Equipment Manufacturer (OEM) of the Fortus 450MC 3D printer and is the sole provider of maintenance services for this unit. Per Stratasys’ official Sole Source Letter (dated 14 March 2025), the company does not authorize any third-party providers to perform post-warranty support, recertification, or service contract enrollment. Use of unauthorized parts or service invalidates eligibility for OEM support. Additionally, Stratasys requires that out-of-warranty units undergo a proprietary Recertification Process—which can only be performed by Stratasys technicians—as a prerequisite for enrolling in their service contracts.The Emerald Care service plan, as quoted by Stratasys, is a proprietary offering tied to the manufacturer’s internal diagnostic tools, certified parts, and firmware/software updates. No other provider can deliver equivalent services, nor are compatible service agreements available from resellers or alternative vendors.

Documentation supporting this determination includes:

• Stratasys Sole Source Letter (dated 14 March 2025)

• Quote Q-1110884 for Emerald Care with 4-year options

• Stratasys Recertification Policy for Fortus 450MC units

• Emerald Care Service Matrix and Coverage Terms

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:

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

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

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

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