signed A3-Tucker Sno-Cats JA_KO Signed.pdf

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

[. 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).

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, [I. DESCRIPTION OF ITEM OR SERVICE:

Marine Corps Mountain Warfare Training Center (MWTC) South Western Regional Fleet

Transportation (SWRFT) has a requirement to replace tracks on Tucker Sno-Cats.

[II. 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.

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.

The over-the-snow type vehicles that require service are only manufactured by a select few businesses throughout the world. Each manufacturer employs proprietary diagnostic systems and performance controlling software that is only available to the manufacturer and their designated agents.

A. Tucker Sno-Cat Corporation is the sole manufacturer of Sno-Cat vehicles.

B. Tucker Sno-Cat Corporation is the original equipment manufacturer and operates a production facility.

V 1.6 (20 December 2023)

Page 1 ot3

DISTRIBUTION: Dow COMMUNITY ONLY

CUI

C. Tucker Sno-Cat Corporation has sole proprietary rights to diagnostic programs, special tools. engineering designs. historical performance data.

and factory trained and experienced technicians.

3. OTHER REASONS,

B.

BRAND NAME Controlled by: DON, USMC. [&L HCA

Controlled by: MWTC RCO Item required must be a CUI Category(ies): PROCURE brand name, product, or Limited Dissemination Control: DL ONLY feature of a product, POC: Sgt Gabriel, Lopez, 760-932-1566 particular to one manufacturer.

C. URGENTAND 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:

Required delivery date/period of performance:

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.

Ctty Edward S Halle(ed ase. 2Iune24 Signature Name (Printed) / Phone # Date

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

Signature Name (Printed) / Phone oo

V 1.6 (20 December 2023)

Page 2 0f3

DISTRIBUTION: Dow COMMUNITY ONLY

CUI

Distribution List for DI, ONLY Limited Dissemination Control

MCEFCS Personnel

LB Personnel

Patrick Doyle, Western Area Counsel Office. Gabriel Lopez

Any other individual designated by the KO

V 1.6 (20 December 2023)

Page 3ol'3

DISTRIBUTION: DoW COMMUNITY ONLY