Determination that Only One Source is Reasonably Available Redacted_Redacted.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 12 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR Part 12 directs contracting activities to use procedures that are, to the maximum extent practicable, consistent with commercial purchases.

2. As required by FAR 12.102(a), this document serves as the basis for the determination that only one source is reasonably available to satisfy the agency’s requirements. This determination explains the absence of competition for this acquisition, which is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Marine Corps Installations East (MCIEAST) requires a passive radio frequency (RF) detection system to counter unlawful Unmanned Aircraft Systems (UAS) activity aboard the installation. The required product must meet two threshold capabilities

1. RF Detection and Tracking: Continuous passive monitoring, detection, and tracking of UAS within the installation-controlled airspace.

2. Integrated Location Reporting: Simultaneous reporting and precise localization of both the air vehicle (UAS) and its operator/ground control station.

Countering unlawful UAS activity is an immediate force protection issue for MCIEAST installations and an ongoing safety of flight concern for Marine Aviation. Procuring this system will rapidly close an emerging capability gap and enhance installation force protection against evolving real-world threats.

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. ___ 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: MCIEAST RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY

POC: MCIEAST RCO

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. The Guardian RF passive system is the only known commercial system that possesses and has successfully demonstrated the dual-capability threshold required to meet the Government’s needs. The unique ability of the Guardian RF system to simultaneously identify and report the real-time location of the UAS ground operator is critical. This spatial data enables Marine Corps security forces to execute rapid response “action sets” to physically locate, intercept, and detain individuals operating drones unlawfully aboard military installations. Systems that detect the aircraft without locating the operator leave the underlying security threat active and unresolved.

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

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