EMILY Justification and Approval Redacted Names and Signatures.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

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:

Marine Corps Base Hawaii (MCBH) Installation Safety Office have a requirement for an Emergency Integrated Lifesaving Lanyard (EMILY) which is a robotic device used for ocean rescue. This requirement is currently being used at other Marine Corps installations such as Camp Pendleton and Camp Lejeune. EMILY is a battery powered robotic device which is operated via a remote controlled device and can be deployed from the shoreline or pier to save personnel who are in distress due to strong ocean swells and currents.

The EMILY is a safety tool which will be used by safety personnel (Installation Safety Office, Federal Fire Department, MCBH Military Police, etc.) when lifeguards are not available.

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. ___ 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. _X_ OTHER REASONS. Hydronalix, Inc. is the only vendor that manufacturers and provides the EMILY to customers. Hydronalix, Inc. is the only vendor that can provide the EMILY, Beach Rescue EMILY User Manual, and have the expertise on use of the EMILY and can provide additional parts. In the upcoming months, high surf is the norm in Hawaiian waters, thus making the EMILY an essential lifesaving tool in the base’s ocean rescue arsenal and it will enhnace our emergency service capability.

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

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.

____________________ Peter S. Evans, 808-257-5719 _________ 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.

____________________ Maj. J. W. Ledford, 808-257-0094 _________ Signature Name (Printed) / Phone # Date

8/24/22

8/25/22

EVANS.PETER.SPIT

ZEN.1539695335

Digitally signed by

EVANS.PETER.SPITZEN.1539695335

Date: 2022.08.24 17:46:46 -10'00'

LEDFORD.JACOB.W

ESLEY.1277467590

Digitally signed by

LEDFORD.JACOB.WESLEY.12774

67590 Date: 2022.08.25 09:54:37 -10'00'