MindGym - Sole Source DF.pdf

DETERMINATION & FINDINGS

Authority to Solicit from a Single Source (at or below the SAT)

1. Agency and Contracting Activity: 52d Contracting Squadron/PKB

2. Nature and/or Description of the Action:

Small Business Innovation Research (SBIR) Phase III: MindGym System Procurement, Installation, and Training

3. Citation to the Appropriate Regulation:

(Contracting Officer Instruction: Select the applicable authority for this acquisition)

RFO 8.401 and GSAR 538.7104-3(a) (FSS Orders): The circumstances of the acquisition deem only one source reasonably capable of providing the products, services, or solutions.

RFO 11.204(a)(2)(ii) (Brand Name): The particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products, or products lacking the particular feature, do not meet the agency's needs or cannot be modified to meet the agency's minimum needs,.

RFO 12.102(a) (Commercial Products and Services): Only one source is available,.

RFO 13.101(b) (Noncommercial Products and Services): Only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization),.

4. Findings:

The 703 MUNSS has a requirement to procure the MindGym system, to include all associated delivery, installation, and specialized training services. This entire effort is a direct continuation and extension of technology developed by Lumena, Inc. under a prior Small Business Innovation Research (SBIR) award, qualifying this acquisition as a Phase III effort. Because Lumena, Inc. is the original developer, sole distributor, and exclusive intellectual property rights-holder of this technology, this procurement is being executed as a sole-source award pursuant to 15 U.S.C. § 638(r)(4) and the Small Business Administration (SBA) SBIR/STTR Policy Directive. Specifically, Section 4(c)(3) of the Policy Directive establishes that the competition conducted for the initial Phase I and Phase II awards satisfies all federal competition requirements, including the Competition in Contracting Act (CICA), meaning no further competition or standard J&A is required for the system, its installation, or associated training.

Furthermore, Section 4(c)(7)(ii) of the Directive explicitly mandates that if it is practicable to pursue Phase III work with the original awardee, the agency "must award a non-competitive contract to the firm." As Lumena, Inc. possesses the unique, proprietary technical data required to manufacture, install, and train personnel on the MindGym system, awarding this comprehensive Phase III contract on a sole-source basis is both practicable and statutorily mandated.

5. Determination: Based on the findings above, the proposed sole source or brand name action is justified under the applicable regulation.

6. Signatory Authority: (Contracting Officer Instruction: In accordance with DAF Approval Authorities Matrix PM 26-C-11 Matrix Item 51 for RFO 13.101(b) actions and GSAR 538.7104-3(a) for FSS orders, the Contracting Officer is the approval authority for these determinations).

SSgt Alexis Poore Contracting Officer

Jul 14, 2026

DETERMINATION & FINDINGS

Authority to Solicit from a Single Source (at or below the SAT)

3. Citation to the Appropriate Regulation:

(Contracting Officer Instruction: Select the applicable authority for this acquisition) 2024.07.10.1.

4. Findings:

5. Determination: Based on the findings above, the proposed sole source or brand name action is justified under the applicable regulation.

6. Signatory Authority: (Contracting Officer Instruction: In accordance with DAF Approval Authorities Matrix PM 26-C-11 Matrix Item 51 for RFO 13.101(b) actions and GSAR 538.7104-3(a) for FSS orders, the Contracting Officer is the approval authority for these determinations).