J and A GARBAGE TRUCK (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)

DISTRIBUTION: DoD COMMUNITY ONLY

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:

Garbage Truck #303905, Model #40 FEL Mammouth is a critical asset to the base. It is used to remove all refuse from the MCRD PI, SC. Currently, the garbage truck lid and arms are inoperable.This truck is critical to the supporting the life, health, and safety of Recruit training.

The required delivery date is ASAP.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ 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. A sole-source justification is warranted for the engagement of Amick Equipment Inc. for the repair of critical government equipment. The garbage truck in question is currently non-mission capable, rendering it inoperable and directly impacting essential sanitation services.

Market research indicates that Amick Equipment Inc. is the only vendor within a

Controlled by: DON, USMC, I&L HCA Controlled by: MCRD PI, SC CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Steven Kirk 843-228-3258

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

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

DISTRIBUTION: DoD COMMUNITY ONLY reasonable geographic proximity possessing the specialized equipment and technical expertise required to perform the necessary repairs to government standards. Furthermore, awarding the contract to Amick Equipment Inc. is the most cost-effective course of action for the government. The vendor has already taken possession of the asset and commenced preliminary disassembly for diagnostic purposes. Securing services from an alternative vendor would result in a significant duplication of costs and unreasonable delays associated with transportation, demobilization from the current facility, and initial diagnostic efforts. Therefore, to ensure continuity of operations and for reasons of economy and efficiency, it is in the government's best interest to award this contract to Amick Equipment Inc. on a sole-source basis.

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:

4. If appropriate, include any additional pertinent information.

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.

Signature Name (Printed) / Phone # Date

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

V 1.6 (20 December 2023)

DISTRIBUTION: DoD COMMUNITY ONLY

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

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