M6700124Q1188 Justification.pdf

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:

Fire and Emergency Services Division (FESD) has a requirement for Onsite Advanced Cleaning and Inspection Services for 175 complete sets of personal protective equipment (PPE) and 125 incomplete sets of PPE in accordance with the National Fire Protection Association (NFPA) 1851 standard. A complete set includes helmet, hood, jacket, pant, liner, boots, and gloves; an incomplete set includes hood, jacket, pant, liner, and gloves. The required period of performance

15 September 2024 – 30 November 2024.

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.

HC Risk Reduction, Inc. (DBA Redline Gear Cleaning) has a patent for the Mobile

Extraction Unit (Patent Number 11.578.455). The Mobile Extraction Unit (MEU) allows

Redline to perform onsite advanced cleaning and inspection services meeting the NFPA

1851 standard with same day turnaround. There are no other known sources that can provide these services on-site at Camp Lejeune, NC with a 24-hour turnaround.

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.

HC Risk Reduction, Inc. holds all rights to the MEU and does not authorize the use of this equipment by other parties.

3. X OTHER REASONS.

NFPA 1851 states that Advanced Cleaning and Inspection of firefighter PPE must be completed by a verified Independent Service Provider (ISP). A sources sought notice was

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

V 1.6 (20 December 2023) posted to SAM.gov on 07 August 2024 with a response date of 15 August 2024.

Responses were received from only two (2) verified ISPs. Out of those two (2) responses, only one (1) vendor is capable of performing the advanced cleaning and inspection services onsite at Camp Lejeune, NC HC Risk Reduction, Inc.

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: