SS.Justification.Redacted.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:

Maintenance service and quarterly impression count for high volume printer Ricoh 9100 in support of MCI-West Communication Strategy and Operations office.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Large business Ricoh USA Inc. is the sole manufacturer & service provider for Ricoh 9100 printers. Ricoh USA is the only provider that can support the needs of the Ricoh 9100 high volume printer. Ricoh USA has third party small business vendors who resell Ricoh USA warranty service, however, the requirements are all subcontracted to Ricoh USA because Ricoh USA is the only vendor who is capable of supporting the needs of the high-volume printers. Procuring the service through the third-party small vendors will always come at a significantly higher cost than procuring the supplies/services directly from Ricoh USA.

Controlled by: DON, USMC, I&L HCA Controlled by: MCIWEST RCO CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Victoria Weitzel, victoria.weitzel@usmc.mil victoria.weitzel Rectangle

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

Market research includes historic solicitations for the same requirement (quarterly maintenance on Ricoh 9100 printer) showing that the small business vendors bid significantly higher than Ricoh USA due to the above information or do not participate in RFQ’s.

RFQ M0068123Q0044, from previous contract M0068123P0029, awarded to Ricoh USA, had two quotes: One from Ricoh USA for $64,860.00, and one from Harcorp LLC (small biz) for $134,690.00.

RFQ M0068119Q0050, from historic contract M0068119F0210 (follow on to FY17 contract for the same requirement), awarded to Ricoh USA, had one quote from Ricoh USA and obtained a one bid waiver.

Additionally, Ricoh USA’s Senior Client Executive of DoD Programs has made the following statement: “There is no small business actual service providers. They are just reselling our warranty service and we do all the work.”

The market research above shows that it is most cost effective and timely to sole source to Ricoh USA.

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.

B. ___ BRAND NAME

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

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:

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

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

Distribution List for DL ONLY Limited Dissemination Control

MCFCS Personnel

LB Personnel

Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

Any other individual designated by the KO