A.3 FAR 13 Justification - Sole Source - Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS NATIONAL CAPITAL REGION

MARINE CORPS BASE QUANTICO

3250 CATLIN AVENUE

QUANTICO VIRGINIA 22134 5001

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

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 Base Quantico (MCBQ) Safety Division has a training requirement for the following one (1) Construction Safety Hazard Awareness for Contractors class, one (1) Safety Training Methods, one (1) Machinery and Machine Guarding Standards and one (1) Hazardous Materials. The following specialized safety training courses are essential to the mission readiness and operational safety of Marine Corps Safety Specialists that are engaged in construction and hazardous materials oversight.

These programs are essential to ensure compliance with Federal OSHA regulations, Department of Defense directives, Marine Corps Orders, and NFPA 70E standards. The training also provides nationally accredited Continuing Education Units (CEUs) necessary for Board of Certified Safety Professionals (BCSP) recertification.

Mid Atlantic OSHA Training Institute Education Center (MAOTI) and Chesapeake Region Safety Council (CRSC) restricts accreditation from outside entities to one course per certification track, thereby rendering MAOTI/CRSC the only viable source for full certification continuity.

The Government intends to issue a single Firm Fixed Price (FFP) award for this requirement. The required period of performance is for 12 months after date of award.

The total estimated value for this procurement is $. Marine Corps Operations and Maintenance (O&M) appropriations will be used to fund this requirement as outlined in the tables below:

FY25 Total Base O&M

Manufacturer/Vendor Item/Training Description Course ID Quantity Estimated Total Value

Mid Atlantic OTI Education Center / Chesapeake Region

Construction Safety Hazard Awareness for Contractors – 5 days

EM 385-1-

1 Class-10 Seats

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

V 1.6 (20 December 2023)

Safety Council Mid Atlantic OTI Education Center / Chesapeake Region Safety Council

Safety Training Methods – 4 days Safety Training Methods

Education Center / Chesapeake Region Safety Council

Machinery and Machine Guarding Standards – 4 days

OSHA

Education Center / Chesapeake Region Safety Council

Hazardous Materials – 4 days * (Course can be virtual or on-site)

OSHA

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.

Marine Corps Base Quantico (MCBQ) Safety Division has a training requirement for the following one (1) Construction Safety Hazard Awareness for Contractors class, one (1) Safety Training Methods, one (1) Machinery and Machine Guarding Standards and one (1) Hazardous Materials. The following specialized safety training courses are essential to the mission readiness and operational safety of Marine Corps Safety Specialists that are engaged in construction and hazardous materials oversight.

These programs are essential to ensure compliance with Federal OSHA regulations, Department of Defense directives, Marine Corps Orders, and NFPA 70E standards. The training also provides nationally accredited Continuing Education Units (CEUs) necessary for Board of Certified Safety Professionals (BCSP) recertification.

Mid Atlantic OSHA Training Institute Education Center (MAOTI) and Chesapeake Region Safety Council (CRSC) restricts accreditation from outside entities to one course per certification track, thereby rendering MAOTI/CRSC the only viable source for full certification continuity.

The following specialized safety training courses are essential to the mission readiness and operational safety of Marine Corps Safety Specialists engaged in construction and hazardous materials oversight:

• EM385-1-1 Construction Safety Hazard Awareness Training Provides comprehensive instruction on U.S. Army Corps of Engineers safety and health standards for construction sites. This training is mission-critical for Marine Corps personnel overseeing construction activities, ensuring compliance with federal safety protocols and mitigating site-specific hazards.

• Safety Training Methods Equips Safety Specialists with advanced instructional methodologies for designing and delivering effective safety programs. This course enhances the Corps’ internal training capabilities, fostering a culture of safety and regulatory compliance across operational units.

• OSHA 2045 – Machine Guarding Delivers in-depth knowledge of machine safeguarding principles, directly supporting injury prevention and equipment safety. This training ensures that Marine Corps personnel can identify, evaluate, and implement appropriate controls for machinery-related risks.

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

• OSHA 2015 – Hazardous Materials Focuses on the identification, evaluation, and control of hazardous substances. This course strengthens the Corps’ ability to protect personnel from chemical exposure and environmental threats, aligning with federal and DoD safety mandates.

This training initiative is designed to enhance operational resilience and continuity by proactively addressing single points of failure through targeted cross-training. By equipping Marine Corps Safety Specialists with versatile, multi-disciplinary competencies, the program:

• Improves mission readiness and adaptability in dynamic operational environments

• Reduces long-term costs through internalized training delivery and reduced reliance on external consultants

• Ensures compliance with federal safety regulations and mitigates risk across construction and hazardous material operations

• Supports continuity of operations by developing a workforce capable of assuming critical safety roles across multiple domains

Despite the presence of other safety training providers in the region, none meet the specific requirements of Marine Corps Base Quantico (MCBQ) for the following reasons:

• No Regional OSHA Designation: Only MAOTI/CRSC is officially designated as the OSHA Training Institute Education Center for Region 3. Competing vendors lack this status and cannot offer the full suite of Specialized Safety Certificate Programs.

• Limited Certification Authority: MAOTI/CRSC restricts outside entities to one course per certification track. Other providers cannot deliver complete, accredited programs recognized by the Board of Certified Safety Professionals (BCSP).

• No CEU Accreditation: Competing vendors do not offer nationally accredited Continuing Education Units (CEUs) required for BCSP recertification, making their training insufficient for maintaining professional credentials.

• Inadequate Delivery Format: Most alternatives offer generic or online-only training, which fails to meet MCBQ’s need for in-person, hands-on instruction aligned with Marine Corps operational environments.

• Lack of Continuity: MCBQ Safety Specialists are midstream in certification programs with MAOTI/CRSC. Switching providers would disrupt progress, invalidate earned credits, and compromise regulatory compliance.

Based on extensive market research and mission requirements, it is determined that the MAOTI/CRSC are the sole viable providers of the specialized safety training required by MCBQ. As the designated OSHA Training Institute Education Center for Region 3 and the recognized local chapter of the National Safety Council, MAOTI/CRSC are uniquely authorized to deliver the Specialized Safety Certificate Programs and Continuing Education Units (CEUs) necessary for BCSP recertification.

No other vendor within Region 3 holds this designation or offers equivalent certification programs recognized by BCSP. MCBQ Safety Specialists are currently at various stages of certification completion with MAOTI/CRSC.

Transitioning to an alternative provider would result in the forfeiture of earned CEUs, require a full restart of the certification process, and compromise compliance with federal OSHA regulations, Department of Defense directives, and Marine Corps Orders. Such disruption would directly impair the Safety Division’s ability to train Marine and civilian personnel in critical safety protocols, negatively impacting operational readiness and workplace safety.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

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

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:

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

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.

____________________ See Signature Signature Name (Printed) / Phone No. Date

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

____________________ See Signature Signature Name (Printed) / Phone No. Date