SSJ Redacted.pdf

CUI//SP-PROCURE//DL ONLY

Determination that Only One Source is Reasonably Available

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 12 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 12.102(a) states for acquisitions valued at or below the simplified acquisition threshold (SAT), document the decision that only one source is available and the basis for the decision.

II. DESCRIPTION OF ITEM OR SERVICE:

The service requested is for 11- Meter Naval Special Warfare Rigid Inflatable Boat (11M NSW RHIB) system course and 11M NSW RHIB electrical system course. Training provided by USMI includes Advanced Electrical, Craft and Auxiliary Systems Familiarization and Basic Troubleshooting, Advanced Systems and Electrical Troubleshooting, and underway training, including Boat Handling and Craft Casualty.

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. _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.

United States Marine, Inc. (USMI) is the Original Equipment Manufacturer (OEM) and sole designer/builder of the 11M NSW RHIB platform. As the OEM, USMI retains exclusive proprietary rights to the engineering drawings, wiring schematics, technical data, and system specifications necessary to conduct this specialized training. No other commercial vendor possesses the legal rights, authorized access to the proprietary technical data, or the factory-certified instructional materials required to train personnel on these advanced systems. Furthermore, third-party training conducted without OEM-approved schematics presents an unacceptable risk to operator safety in maritime environments and risks voiding existing manufacturer warranties on the platform's complex electrical and tactical systems. Therefore, USMI is the only responsible source capable of fulfilling this mission-critical training

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY requirement without violating intellectual property rights or compromising operational readiness.

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:

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

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

POC: MCI-EAST RCO

Brayden Folkersma, (910)-440-6166 20260629

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

Distribution List for DL ONLY Limited Dissemination Control

MCFCS Personnel

LB Personnel

MCI-EAST RCO 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