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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:

Marine Corps Air Station (MCAS) Beaufort�s Provost Marshal Office (PMO) is requesting the purchase of 50 Axon AB3 body camera, nine (9) 8-port docking stations and wall mounts. The body camera�s digital video recording systim will allow Military Police/Civilian Police Officers a greater ability to collect evidence during critical incidents, and provide PMO leadership and local commanders an enhanced ability to review officer�s actions to determine patterns of behavior. This information is used to provide critical training to officers. Requested delivery is within 60 days of award.

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.

MCAS Beaufort PMO purchased Axon body cameras in 2023 which came with access to an online system used to automatically upload and store evidentiary videos. The online system is proprietary to Axon. They system does allow for third-party equipment to upload videos, but those uploads are required to be done manually instead of automatically. Manually uploading videos opens the process up to human error and increases the risk that videos could becom corrupted and unusable. To eliminate the potential risk, the equipment must be brand name

Determination that Only One Source is Reasonably Available (Including Brand Name) � FAR Part 13 Acquisitions under the SAT equipment to ensure seamless integration into the already used system by MCAS Beaufort PMO. This was originally posted to SAM on 29 August 2024 as a 100% set aside for small business. An email was received on 4 September 2023 from Axon stating that they do not authorize the Axon body cameras 3 to be sold by any distributors or resellers. When asked about the previous contract from 2023 they stated that it was a business decision authorized for that solicitation only.

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.

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

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