Determination that Only One Source Justification_Redacted.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:

Provide personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to repair multiple non-compliant systems on MCASI Fire Trucks Serial# 298297 and Serial# 299100. The service is needed to restore the operational capabilities and readiness of the vehicles and mitigate the risk that may arise due to their current degraded operational state.

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.

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

3. ___ OTHER REASONS.

B. ___ BRAND NAME

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

C. _X__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: June 6, 2024

2. Required delivery date/period of performance: 30 Sep 24- 1 Mar 25

3. Explanation of why delivery/commencement of services by the date mentioned above is required: MCASI Fire and Emergency Services (FES) identified an urgent need to repair and rebuild services within the specified timeline due to the critical operational need to procure Fire Truck Serial# 298297 and Serial# 299100. MCASI Fire Truck Serial# 298297 and Serial# 299100 compose extremely limited operation, and this poses a heightened risk if operated during a FES event.

The lack of capabilities on both emergency vehicles greatly degrades our ability to respond effectively to emergencies on the installation. Without the specialized equipment provided by the fire trucks, the FES team will face difficulties in accessing upper floors, conducting rescues, and effectively combating fires in various structures on the installation. These challenges increase the risk to the FES responders and the overall base population.

Any further delay in procuring the fire truck critical services would continue to degrade our ability to address critical needs and severely impact our installation’s overall readiness. The ability to execute FES responsibilities to the people stationed on MCASI is threatened. This could result in irreparable harm to the MCASI installation

4. Multiple non-compliant/ inoperable systems in need of repair to include:

-Repair of the ancillary power.

-Adjusting the relief hydraulic pressure to manufacturer's specification.

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

-Repair or replacement of inoperable breathing air system components.

-Repair of all damaged electric lines in the platform sections.

-Repair or replacement of all inaccurate aerial water system pressure gauges.

-Repair or replacement of all inaccurate aerial water system flow meters.

-Repair of excessive extension cable slack.

-Repair of the aerial device/body collision warning system.

-Water temperature gauge not working.

-Master pressure gauge, discharge 2 and 4 non-compliant -Vacuum test failed, possible leak driver Aux intake and discharge 3.

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

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

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

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