M6740024Q0086 J_A CATC Fuji Ordnance Deformer_Redacted.pdf

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

Controlled Unclassified Information (CUI) Marking:

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:

Need: 1 Ordnance Deformer, Mobile Unit - A mobile unit designed to process spent cartridges up to and including 20mm in size. Model # 18852. Manufacturer – Bouldin & Lawson In addition, Equipment Setup Assistance to assist with setting up the ordnance deformer mobile unit is not requested. CATC Camp Fuji personnel will travel TAD to manufacturer’s site (Bouldin Corp & Bouldin Lawson) to receive training on set-up, operation, and proper maintenance of the deformer.

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.

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

V 1.6 (20 December 2023)

IAW DoDM 4160.21 "Defense Materiel Disposition: Disposal Guidance and Procedures" and DoDI 4160.28 "DoD Demilitarization Program" and to ensure proper demilitarization expended small arms cartridge cases, the equipment must meet special criteria. See DoDM 4160.21 Enclosure 3 page 128 requires all ESACC to be crushed, shredded, or deformed prior to sale.

Bouldin Corp & Bouldin Lawson holds exclusive patents (5558281 and 5772134) for model #18852, which is specialized demilitarization equipment tailored for small arms. Despite thorough searches on GSA Advantage, MSC, and the Internet, no other vendors were found offering comparable demilitarization equipment suitable for small arms. Soliciting from a single source, specifically Bouldin Corp & Bouldin Lawson, is justified based on the uniqueness of their product offering, their specialized expertise, the lack of comparable alternatives, the need for efficiency and expedience, risk mitigation considerations, and a comprehensive evaluation of cost-effectiveness.

Throughout FY 2024, several efforts and numerous visits were made to different vendors throughout the commutable area. During the months of October and November of 2023, CATC Camp Fuji Environmental visited several Japanese manufacturers in the surrounding prefecture to include Tokyo. These efforts were aimed at identifying potential vendors offering demilitarization equipment suitable for small arms. However, vendors were not interested in dealing with or providing equipment that needed to be certified safe for ammunition. Moreover, CATC Camp Fuji also contacted the MSC Serve Mart Supervisor for assistance located on MCAS Iwakuni Japan. MSC was not able to provide the required information or quotes required.

CATC Camp Fuji Safety Office researched the required requirements to meet all the Safety regulations regarding deforming spent brass that may present an explosive hazard. It was found that MARCORSYSCOM is the command that provides guidance and approval for equipment to be used for this purpose. The Bouldin Corp & Bouldin Lawson holds exclusive patents (5558281 and 5772134) for model #18852. This model is currently the only equipment that meets this requirement.

2. ___ 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.

N/A

3. _X__ OTHER REASONS.

CATC Camp Fuji has been stockpiling the spent brass for the last two years. The current storage facility will soon be at capacity and will no longer be able to store additional brass. With training operations expected to only increase storage capacity will soon be at a premium and will have an impact on the mission. By overstocking the warehouse this can lead to a potential human health and safety issue. Putting Marines and civilian workers at in an unsafe work environment.

B. ___ BRAND NAME

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)

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: 15 Aug. 2022

2. Required delivery date/period of performance: 08 Aug. 2024

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

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.

08Aug. 2024 Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date

8/9/24