MWFD fire extinguishers brand name justification updated.pdf

CUI

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:

Marine Corps Mountain Warfare Fire Department (MWFD) has a requirement to replace their existing stock of fire extinguishers and accessories for the buildings aboard MWTC.

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. ___ 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.

Controlled by: DON, USMC, I&L HCA

Controlled by: MWTC RCO

CUI Category(ies): PROCURE

Limited Dissemination Control: DL ONLY

POC: SSgt Kyle Greene 760-932-1544

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

CUI

V 1.6 (20 December 2023)

3. ___ OTHER REASONS.

B. _X_ BRAND NAME

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

MWTC Fire & Emergency services currently uses AMEREX Portable Fire

Extinguishers across the installation. These extinguishers have been shown to best withstand the harsh enviromental conditions at MCMWTC and function reliably in both the heat and cold. All fire extinguisher mounting brackets and enclosures currently installed are for Amerex brand Fire Extinguishers. Purchasing a different brand will result in a work order being established for all fire extinguisher brackets and enclosures to be changed across the installation resulting in additional cost and time prior to fielding the requirement.

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

Michael Lightfoot 1-16-2024

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

• Patrick Doyle, Anthony Story, Western Area Counsel Office, Kyle Greene

• Any other individual designated by the KO