Determination that Only One Source - Recording DeviceSigned_8_27_24.pdf

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:

Carolina Recording Systems will install an Eventide NexLog 740 DX recording system for telephone and

RF communications within the Data Center of Building 1043 at Camp Lejeune, NC. The contractor will independently manage the installation, providing all necessary components, parts, tools, labor, supervision, and equipment. This system will be set up to record both incoming and outgoing telephone calls, as well as RF transmissions from tactical radios in Range Control (Blackburn), ensuring comprehensive documentation of communications during daily operations at the Camp Lejeune Training

Complex.

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. 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.

Eventide has designated Carolina Recording Systems as the exclusive Premier Dealer and fully authorized factory-trained sales and service center for the region encompassing North

Carolina, South Carolina, West Virginia, Virginia, and the District of Columbia. This certification makes Carolina Recording Systems the sole company in this area to be recognized by Eventide for its specialized expertise and authorized service capabilities.

3. ___ OTHER REASONS.

B. _X_ BRAND NAME

The Eventide NexLog 740 DX is a vital tool for achieving mission success in military operations, as it plays a crucial role in recording and managing communications across a range of tactical radios and telephones. Its continued use is essential for both mission

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

V 1.6 (20 December 2023) effectiveness and the safety of personnel in the field. This device is indispensable due to its seamless compatibility with all existing tactical communications equipment, ensuring that all communications are accurately recorded and documented. Replacing the NexLog 740 DX with a different system could introduce significant risks, such as compatibility issues that might lead to communication failures, endangering both mission outcomes and the safety of marines and government personnel. Additionally, transitioning to a new system would require extensive retraining, incurring additional costs and causing disruptions in operational efficiency. For comparison, just acquiring new tactical radios to be compatible, would cost the government $850,000. The potential expenses and risks associated with implementing a new system highlight the critical need to retain the Eventide NexLog 740 DX to maintain operational effectiveness and ensure the safety of all involved.

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.

____________________ William Van Pelt 910-451-8799 27 August 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.

____________________ Nathan D. Mitchaner 910-451-5182 27 August 2024

Signature Name (Printed) / Phone # Date