Respirator Fit Tester JandA_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:

1 x PortaCount Model 8040-T; w/ Tablet Respirator Fit Tester manufactured by TSI Incorporated and 1 x 8025-USMIL Fit Test Adapter Kit – US Military DT manufactured by TSI Incorporated.

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.

3. ___ OTHER REASONS.

Controlled by: DON, USMC, I&L HCA Controlled by: MARFORRES RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY

POC: STAFF SERGEANT ADAM DILLARD /

adam.dillard@usmc.mil

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. X BRAND NAME

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

Market Research conducted through GSA Advantage, DLA, SAM.gov, and direct consultation with safety and CBRN subject matter experts confirmed that TSI Incorporated is the sole manufacturer of the PortaCount System. The PortaCount system is the only known product that provides quantitative fit testing in accordance with 29 CFR 1910.134, supports all respirator types including CBRN-rated full-face masks(AVON M50/M53), integreates with FitPro+ Software enabling complaint recordkeeping and audit readiness, and is the reccomended system for Marine Corps respiratory protection program per MCO 5100.29C. No other available system meets regulatory, operational and compatibility requirements in accordance with 29 CFR 1910.134 and MCO 5100.29C.

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

Thomas Lewis/504-697-8276 08/13/2025