Determination that Only One Source KFT.pdf

CUI//SP-PROCURE//DL ONLY

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

CUI//SP-PROCURE//DL ONLY

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:

The product to be procured is a Personal Computer (PC) system upgrade from KFT Fire Trainer, LLC that is comprised of proprietary code and hardware for an existing T2000 trainer. This PC system is used to control the Government-owned T-2000 fire trainer and ensure emergency personnel readiness does not degrade. The required date for this requirement is 15 May 2024.

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.

KFT Fire Trainer is the designer, manufacturer, and installer of the T-2000 Fire Training line of products and maintains all material, resources, and equipment to support the T- 2000 through its life cycle. There is no other organization or business authorized by the Original Equipment Manufacturer (OEM) to manufacture or conduct maintenance and repairs on the fire trainer. The KFT Control system is also comprised of two integrated systems within the trainer which includes a PC with proprietary code and system hardware. If the Government were to solicit vendors other than the only responsible source, the Government would need to procure brand new fire trainers in addition to the PC system creating unnecessary costs for the Government.

Controlled by: DON, USMC, I&L HCA Controlled by: MCIPAC RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL

ONLY

POC: Sgt Daniel Nachlas, 315-645-4637

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

CUI//SP-PROCURE//DL ONLY

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.

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.

DAVIS.JOHNATHAN. Digitally signed by

NMN.1183837512

DAVIS.JOHNATHAN.NMN.1183837512

Date: 2024.05.04 12:46:49 +09'00' Johnathan Davis 645-2657 05/04/2024

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.

ROJAS

Digitally signed by ROJAS

SALDANA.LETICIA.CRYSTAL.151 SALDANA.LETICIA.CRYSTAL.1517799790

7799790 Date: 2024.05.08 12:44:52 +09'00'

Signature Name (Printed) / Phone # Date Leticia Rojas Saldana 645-4637 05/08/2024

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

CUI//SP-PROCURE//DL ONLY

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

Distribution List for DL ONLY Limited Dissemination Control