A3_JA_Brand Name_KO 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:

Automated "Proof Test" System Hydrostatic Test System 504-HP 4 standalone camera system, with DVR and monitor on-board Laptop IBM compatible and ink jet printer.

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. _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.

The Hydro-Test company is the only vendor who can modify with a New Hydro console and will be rated at 20,000 psi which will be used for qualification to conducted, inspection, and records relating to the retesting of DOT 20,000 psi— high-pressure cylinders.

3. _X_ OTHER REASONS.

B. _X_ BRAND NAME

Controlled by: DON, USMC, I&L HCA

Controlled by: MCFCS MARCORLOGCOM

CUI Category(ies): PROCURE

Limited Dissemination Control: DL ONLY

POC: MARCORLOGCOM Contracts Department

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

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

The enhanced 20,000 psi Automated Hydrostatic 504-HP System will be used for requalification conducted, inspection, and records relating to the retesting of DOT

20,000 psi—high Cylinders. MDMC will be certified to receive Special Permits to determine compliance with applicable regulations of the 49 CFR on

Hydrostatic Stress and Pressure Testing Cylinders. This certification will allow

MDMC to inspect the Cylinders for leaks and other damage and consider the vessels requalified for use. The ASME hydrostatic test requirements for process piping are in ASME B31.1 and ASME B31.3. This 20,000 psi 504-HP Testing

System will be used for MDMC production, supporting equipment readiness for the Warfighters. Hydro-Test is the only company is the only one that can modify

504-testing unit and standby the name.

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.

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