single_source_justification--MFR - SIGNED.pdf

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

MEMORANDUM FOR RECORD

SUBJECT: Use of a Single Source below the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

A. 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).

B. 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 is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED

DLIELC is requesting software license renewal for PlaneEnglish ARSim (Aviation Radio Simulator). ARSim is a software tool used to study and grade student performance in aviation base radio calls.

III. RATIONALE FOR SOLICITING FROM A SINGLE SOURCE OR BRAND NAME (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.

DLIELC has used PlaneEnglish ARSim since July 2021 as part of its training toolset and provided access to its students as a supplemental training aid. During this period, on request from DLIELC, PlaneEnglish has developed additional training content and organized it to fit the training curricula used by their instructors.

DLIELC finds great utility in continuing to utilize ARSim to evaluate student speech for pronunciation, word order, and sentence structure. DLIELC considers ARSim and the training capability that it provides an important part of its training and curriculum.

They have formally integrated ARSim into their training curriculum and makes it a mandatory training device for their students.

DLIELC has already prescribed weekly ARSim homework practice in their existing curriculum and are developing activities around it in future curriculum.

A market research assessment determined that PlaneEnglish LLC is the creator and sole distributor of ARSim. PlaneEnglish LLC is capable of providing this requirement in the open market.

3. BRAND NAME

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

4. OTHER REASONS

B. UNUSUAL AND COMPELLING URGENCY.

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

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:

4. If appropriate, include any additional pertinent information.

IV. CONTRACTING OFFICER'S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Refer to FAR 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

Typed Name and Rank/Grade of Contracting Officer

SSgt Carlos R. Castillo

Signature of Contracting Offficer