A3- Justification and Approval V1.6 (20 DEC 23) 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)

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:

Requirement is for the procurement of one (1) TVEyes Inc Media Monitoring Suite subscription (MMS). TVEyes Inc. premier-media-monitoring software subscription will equip the COMMSTRAT office with the necessary capability to gain vital insight not otherwise available on other open-source networks. A media monitoring service will fill the current void in media analysis caused by the lack of standardization across the COMMSTRAT Military Occupational field and allow other DoD COMMSTRAT entities an enterprise solution and identical software to improve communication and efficiency between offices.

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.

Controlled by: DON, USMC, I&L HCA Controlled by: MCIWEST RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Sgt Allen, Aniya L, (760) 725-8446

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

TVEyes Inc is the sole proprietor of their Media Monitoring Suite and are the only authorized distributors of the software. This software has met the needs of COMMSTRAT offices in the San Diego area for over the past 10 years (refer to Contract #’s M0068120P0114 and M0068112P0075).

3. ___ OTHER REASONS.

B. _X__ BRAND NAME

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

TVEyes Inc is the sole proprietor of the brand name software Media Monitoring Suite.

Moreover, the purchase of a different or brand-new software would resulting additional time spent having to retrain personnel and create new standard operating procedures and is not cost effective, which would cause a decrease in mission readiness and utilize more man-hours to reinvent processes that have been previously proven efficient. As of now the MCRDSD/WRR COMMSTRAT bases all its tasks and capabilities in TVEyes Inc MMS and are familiar with how to operate it.

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.

___________________ Steven Posy, (619) 534-8720__ ________ Signature Name (Printed) / Phone # Date

6/23/2025

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

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

____________________ Nina Kanoa,760-763-6860_ ________ 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 nina.kanoa Text Box 6/26/25