M6700124Q1109 JA For Posi-Shell.pdf

CUI

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 eighty four (84) Posi-Shell Brown Base Mix - 500lb Bag Manufactured by LSC Environmental Products, LLC. With a requested delivery date of 21 June 2024. Marine Corps Base (MCB) Camp Lejeune Landfill is required to cover the Garbage that has been collected daily. Posi-Shell is an Alternative daily ground cover that the Landfill is permitted to use by the state and MCB Camp Lejeune.

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.

LSC Environmental Products, LLC has the patent rights for Posi-Shell. Posi-Shell is an environmentally safe product that has been developed to exceed all the State requirements for alternative daily cover. Posi-Shell is the only alternative daily cover that

Camp Lejeune landfill is permitted to use (Permit Number 6708-MSWLF-1997). Posi-

Shell is a blend of clay binders, Reinforcing fibers and polymers mixed with Portland cement that produces a mortar like substance that is sprayed over the garbage everyday eliminating the States requirements for alternative daily cover. LSC Evironmental Products, LLC was issued two patent numbers (7,544,243 and 8,029,616-B2) which cover the formulation of ingredients and methods to Posi-Shell environmental coatings.

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.

LSC Environmental Products, LLC has the patent rights for Posi-Shell. There are no authorized resellers for Posi-Shell.

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

V 1.6 (20 December 2023)

3. ___ OTHER REASONS.

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:

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 Beckner / 910-451-8666 06/03/2024

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.

____________________ Vivian Porter / 910-451-8871 06/03/2024 Signature Name (Printed) / Phone # Date