M6700124Q1201_JA for BECSys Brand Name.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:

This request is for the procurement of (1 ea.) BECSys5 Water Chemistry Controller (Part Number XS1GP1OPBX) and (1 ea.) BECSys7 Equipment Room Controller (Part Number XSIGPIXOXPBF) for use with base swimming pools aboard Marine Corps Base Camp Lejeune- North Carolina. The controllers provide continuous monitoring and control of sanitizers, oxidizers, pH levels and total system flow rates of the chemicals administered to the pools. Without this system, chemical dosing of the pools will stop, causing levels to become out of balance. Without balanced chemical levels, use of the pools will be restricted and all training and recreational use of the pools will cease. This would delay training and mission readiness of the commands that rely on these facilities.

BECS Technology is the Original Equipment Manufacturing (OEM) company that has sole sourced sales to Duffield Aquatics. The required delivery date for this requirement is 30 Sep 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.

BECS Technology, Inc. is the Original Equipment Manufacturer (OEM) of BECSys products and has proprietary rights for the BECSys5 and BECSys7 controllers. Direct replacement with the same brand and model of the current system will allow for continuity of use and eliminates the need for reconfiguration and ensures proper operability. Direct replacement also eliminates the risk of added expenses due to extra labor

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT costs for installation and training of personnel on a new system.

Additionally, no other products on the market are currently able to meet the features and performance of the BECS units due technological patents held on features that have been incorporated into their brand of systems.

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.

Duffield Aquatics, Inc. is the only authorized distributor of the BECS Technology, Inc. for the North Carolina region.

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.

8/22/2024

X Jeremy Hardison Jeremy Hardison Industrial Equipment Mechanic Supervisor Signed by: USMC

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.

8/26/2024

X Vivian Porter Vivian Porter Contracting Officer Signed by: USMC