Determination that Only One Source is Reasonably Available.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:

The requirement is for hazardous materials needed to maintain proper pool ph. levels, boiler operations, and water softening in addition to being utilized in completing other work orders aboard Marine Corps Camp Butler.

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. ___ 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.

Marine Corps Base Butler, Camp Foster is in Okinawa, Japan. Showa Chemical Industry Co LTD is the only company on island that can provide the necessary hazardous materials required to meet the needs of the Maintenance and Repair work on the Marine Corp Base. There are no other companies on island that provide hazardous chemicals to meet the requirement. Market research also shows previous procurements for similar items were procured as a sole source.

Controlled by: DON, USMC, I&L HCA Controlled by: MCIPAC RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: SSgt Taca, Bruce M.

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

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

Per MCO 5090.2 Authorized Use List, each Marine Corps Installation is responsible for maintaining a comprehensive lifecycle management program for hazardous materials. This includes procedures and controls to monitor, store, handle, issue, utilize and dispose of hazardous material. Under this MCO, all activities are to maintain an Authorized Use List (AUL) which directs what hazardous materials a unit is authorized to order and store, specifies quantities, authorized manufactures and contains a safety data sheet (SDS) for all materials.

G-F’s AUL for their location code, M20233_ALL (Camp Butler), lists active authorizations for the 12 chemicals below and directs the manufacturer for all the chemicals as listed.

Trade Name Manufacturer Part Number U/I Polyaluminum Chloride (Bulk)

Showa Chemical Industry

P15318 LI

Sulfuric Acid Showa Chemical Industry

P30794 CO

Sodium Hypochlorite (Bulk)

Showa Chemical Industry

P15381 LI

Liquid Caustic Soda (48%)

Showa Chemical Industry

P30873 LI

Sulfuric Acid Showa Chemical Industry

P30794 LI

Hydrochloric Acid 35%

Showa Chemical Industry

P15499 CO

Sodium Hypochlorite

Showa Chemical Industry

P15381 BX

Ebagros B-168 Acrylic Polymer

Swing Corporation P15403 BG

Polyaluminum Chloride (PAC)

Showa Chemical Industry

P15479 BX

Methanol, 50% Takasugi Pharmaceutical

P24048 CN

Hi-Chlon Tablet Nippon Soda

Nippon Soda Company

P21395 BX

Hipolka New-WS Shikoku Chemicals Corps

P25370 DX

3. ___ OTHER REASONS.

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

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

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.

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

BARRY ROACH / 645-4702

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

V 1.6 (20 December 2023)

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

Date33_af_date: 2/26/24