JA PR 1301205460 KO Signed..pdf

CUI//SP-PROCURE//DL ONLY

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

V 1.6 (20 December 2023)

Controlled by: DON, USMC, I&L HCA Controlled by: MCFCS MARCORLOGCOM CUI Category(ies): PROCURE Limitted Dissemination Control: DL Only POC: MARCORLOGCOM Contracts Department

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 Deport Maintenance Command (MDMC) Albany, GA is requesting the purchase of the Flyer Diagnostics Kit to connect to all GMV- Ground Mobility Vehicle motor transport equipment and heavy equipment which allows for troubleshooting and maintenance of that equipment. The Kits will also allow for troubleshooting per SOW requirements and assist with the diagnoses of engine, electrical systems, and suspension problems. No other brand will satisfy the requirement due to the software rights. The Flyer Diagnostics kit’s sole manufacturer is Flyer Defense who has the proprietary license and software. MacGyver Solutions, Inc is the exclusive distributor and the only authorized GSA vendor for this product. The required delivery date is December 18 2024. The IGE for this procurement is $16,794.83.

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. __X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required. Only Flyer has the proprietary license, software, and computer Diagnostics Kit. This computer is in need for GMV- Ground Mobility Vehicle shop for troubleshooting per customer requirements and SOW and able to diagnose engine and all electrical systems and suspension errors.

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.___ OTHER REASONS..

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 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:

IV. 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.

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.

Signature Name (Printed) / Phone # Date

Otoniel Avalos 12/9/2024AVALOS.OTONIEL.1 274837167

Digitally signed by

AVALOS.OTONIEL.1274837167

Date: 2024.12.09 12:56:54 -08'00'

FERNANDEZ.JAMIE.NI

CHOLAS.1503380664

Digitally signed by

FERNANDEZ.JAMIE.NICHOLAS.1

503380664 Date: 2024.12.10 08:02:02 -05'00' GySgt Jamie Fernandez / 229 639 6747 12/10/2024

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

V 1.6 (20 December 2023)

Controlled by: DON, USMC, I&L HCA Controlled by: MCFCS MARCORLOGCOM CUI Category(ies): PROCURE Limitted Dissemination Control: DL Only POC: MARCORLOGCOM Contracts Department

Distribution List for DL ONLY Limited Dissemination Control

MCFCS Personnel

LB Personnel

Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

Any other individual designated by the KO