ECLIPSE JA ONLY 1 SOURCE FAR 12 Redacted.docx

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS NATIONAL CAPITAL REGION

MARINE CORPS BASE QUANTICO

3250 CATLIN AVENUE

QUANTICO, VIRGINIA 22134-5001

Determination that Only One Source is Reasonably Available Sole Source FAR Part 12 Acquisitions under the SAT

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE FOR FAR PAR 12 – COMMERCIAL PRODUCTS AND COMMERICAL SERVICES UNDER SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

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

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; this is not expected to exceed the simplified acquisition threshold.

II. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY.

The Contracting Activity is the Marine Corps Installations National Capital Region – Regional Contraction Office (MCINCR-RCO), located at 2010 Henderson Road, MCB Quantico, VA. The requiring activity is Headquarters Marine Corps Judge Advocate Division.

III. DESCRIPTION OF ACTION BEING APPROVED:

The approved action is accordance with FAR Overhaul 12.102(a), for acquisitions valued at or below the simplified acquisition threshold (SAT), document the decision that only one source is available and the basis for the decision specific acquisition of Eclipse Software (EVAS) Integration Support and Additional Eclipse Edit Key Licenses.

IV. DESCRIPTION OF SUPPLIES/SERVICES

HQMC Judge Advocate Division has a requirement for the renewal of four Eclipse court reporting software licenses and, critically, for the highly specialized software integration services required to make the software operational on 106 new court reporting laptops. Per MARADMIN 615/16, Advantage Software’s Eclipse is the only USMC-approved and required software solution for the capture, translation, and transcription of all courts-martial. It is the core component of a stand-alone, offline system that allows court reporters to produce verbatim transcripts in real-time, even in austere environments, reducing transcript production time from 4-8 hours per hour of audio to as little as 1-2 hours

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS NATIONAL CAPITAL REGION

MARINE CORPS BASE QUANTICO

Determination that Only One Source is Reasonably Available Sole Source-finding are required to be transcribed verbatim within 30 days.

Marine Corps Operations and Maintenance (O&M) appropriations will be used to fund this requirement as outlined in the table below

O&M

Manufacturer: Advantage Software, Inc.

Manufacturer POC and Phone Number: David Jordan, davidj@eclipsecat.com, 772-288-3266 Manufacturer Address: 925 SE Central Parkway, Stuart, FL 34994

V. 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):

3. _X OTHER REASONS.

The Eclipse software from Advantage Software, Inc., and the associated integration services from eVerbatim, Inc., are unique and essential to the Government’s requirements. No other vendors can provide the specific software mandated by the Marine Corps and the proprietary and exclusive integration services necessary to make it functional for our mission.

During the market research phase, it was noted that there are additional court reporting platforms such as MAXScribe and For The

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS NATIONAL CAPITAL REGION

MARINE CORPS BASE QUANTICO

Determination that Only One Source is Reasonably Available Sole Source-

Record (FTR). However, they are fundamentally limited in key areas critical to our legal community’s missions. The most significant differentiator is that only EVAS translates real-time without the need for an internet connection. This is an absolute necessity because our court reporters operate in austere, highly sensitive environments where network connectivity is often unavailable or prohibited, and they cannot afford to miss a single word on their transcripts.

Market research confirms that while other vendors may sell Additional Eclipse Edit Key Licenses, Eclipse Software (EVAS) Integration Support service requires exclusive rights, proprietary data, and a deep, historical understanding of the integrated system that only eVerbatim possesses. Therefore, only eVerbatim can satisfy the government’s requirement for software integration.

Advantage Software, Inc. (Eclipse Software): Advantage Software, Inc. is the developer and sole manufacturer of Eclipse. This software is protected by proprietary rights. As the OEM, Advantage Software is the only source for new licenses, reinstatement of expired licenses, and the renewal of the Anytime Support plan associated with those licenses. Per MARADMIN 615/16, Eclipse is the mandated software for all USMC courts-martial, making it an essential brand-name requirement. The Eclipse software from Advantage Software, Inc., and the associated integration services from eVerbatim, Inc., are unique and essential to the Government’s requirements. This system is the only system that translates real-time without the need for an internet connection. This is an absolute necessity because our court reporters operate in austere, highly sensitive environments where network connectivity is often unavailable or prohibited, and they cannot afford to miss a single word on their transcripts. No other vendors can provide the specific software mandated by the Marine Corps and the proprietary and exclusive integration services necessary to make it functional for our mission.

Switching to another vendor would disrupt workflows, reduce efficiency, and potentially compromise the quality of work and services that HQMC Judge Advocate Division and our legal community relies on to provide legal services to Marines across the world.

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS NATIONAL CAPITAL REGION MARINE CORPS BASE QUANTICO

Determination that Only One Source is Reasonably Available Sole Source

VI. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY OFFERORS AS PRACTICABLE:

Market research determined the required items are not available from AbilityOne, Unicor, FPI, or GSA. Also, research/RFI done on NASA SEWP did not yield any results. Therefore, it has been acknowledged that we should order this product as a direct buy from eVerbitm. This procurement is for two distinct but inseparable requirements: the Eclipse software licenses from the Original Equipment Manufacturer (OEM), Advantage Software, Inc., and the proprietary integration service provided exclusively by eVerbatim, Inc. eVerbatim has developed the Eclipse Vox AI System (EVAS), a complete end-to-end solution that integrates multiple software and hardware elements specifically for use in military courtrooms. The OEM, Advantage Software, does not perform these integration services.

Market research confirms that while other vendors may sell laptops or individual software components, none can perform the comprehensive and proprietary integration service that turns a laptop into a functional EVAS transcription station. The service requires exclusive rights, proprietary data, and a deep historical understanding of the integrated system that only eVerbatim possesses. Therefore, only eVerbatim can satisfy the government’s requirement for software integration

VII DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer will determine the anticipated price covered by this justification to be fair and reasonable by ensuring quoted pricing is consistent with or lower than industry pricing, Should the prices available via other commercial means be more advantageous to the Government, the procedures at DFARS PGI 208.7403 will be invoked.

VIII. ACTIONS TO REMOVE BARRIERS TO FUTURE COMPETITION:

This procurement must be conducted on a sole source basis to maintain compatibility and interoperability for use of Eclipse governed by Headquarters Marine Corps Judge Advocate Division. 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 Eclipse.

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