JA_NYC Veterans Week_Redacted.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:

Headquarters Marine Corps (HQMC), Communication Directorate (CD) has a requirement for hotel room and conference space accommodations for the 2024 NYC Veteran’s Week Events, to be held in New York City, New York. These accommodations include 15 Singles rooms on a separate floor and 35 doubles, as well as conference room (meeting spaces) for approximately 25 personnel located within the hotel for collaborative efforts. Meeting space must have Wi-Fi capabilities, projection screen and U-shaped working space. The Conference Room (meeting space) shall be available from November 6-12, 2024.

The support period for this requirement is from 6 November 2024 through 13 November 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. ___ 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. The New York Marriott Marquis hotel is the only responsible source identified capable of providing the requested accommodations at the level of support required to meet the Government’s needs. The Government requires hotel accommodations for approximately 50 Marines (single and double occupancy rooms) within a 1-mile radius to Downtown New York in support of the 2024 Veterans Week Celebration. The New York Marriott Marquis can provide the requested accommodations for all personnel within the same facility, ensuring hotel lodging for

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

General Officers and junior enlisted personnel are separated. In addition, the Government is requesting the hotel provide on-site meeting spaces throughout the duration of the event and complimentary Wi-Fi in rooms and common areas, as well as the necessary onsite security measures. The New York Marriott Marquis was the only hotel identified that provides meeting spaces for 25 Personnel with Wi-Fi, the other hotels had no meeting spaces on the premises. Meeting spaces are essential for collaborative efforts between General Officers, Marine Corps and Navy personnel on a daily basis.

Additionally, the New York Marriott Marquis is able to provide hotel accommodations that do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the following:

Federal Travel Regulations, prescribed by the General Services Administration, for travel in the contiguous United States, available on a subscription basis from the- Superintendent of Documents U.S. Government Publishing Office Washington DC 20402 Stock No.922-002-00000-2;

Joint Travel Regulation, Volume2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, and outlying areas of the United States, available on a subscription basis from the- Superintendent of Documents U.S. Government Publishing Office Washington DC 20402 Stock No.908-010-00000-1; or

Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in (a)(2)(i) and (ii) of this paragraph, available on a subscription basis from the- Superintendent of Documents U.S. Government Publishing Office Washington, DC 20402 Stock No.744-008-00000-0.

Market research was conducted by contacting additional hotels in the Downtown New York area and posting a Sources Sought Announcement on Contract Opportunities at SAM.gov. The Sources Sought Announcement (M00264-25-RFI-002) received multiple responses from Industry capable of providing similar services via third party; however, the Government was unable to determine if another source was capable of providing the level of services required to accommodate 50 Marines to include General Officers at the same location within the vicinity of Downtown New York and provide additional amenities (meeting spaces, parking, etc.) at no additional costs to the Government.

B. ___ BRAND NAME

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

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

4. If appropriate, include any additional pertinent information.