Final LSJ_A01_47QSWC20K0084_Add ESAP-1A and increase value_Redacted.pdf

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Expeditionary Small Asset Protection (ESAP)
Solicitation number
47QSWC20K0084
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This document is a limited source justification for a modification to an existing blanket purchase agreement between the Air Force Civil Engineer Center and Atlantic Diving Supply, Inc. for expeditionary small asset protection shelters. The modification adds the ESAP-1A shelter and accessories to the scope of the agreement and increases the total estimated value from $2 million to $4 million to accommodate additional anticipated orders from the Air Force Civil Engineer Center of between 6 to 10 units of both the ESAP-1A and ESAP-1B shelters through September 2025. Dogwood Industries is identified as the only approved manufacturer for the ESAP-1A and ESAP-1B shelters. The justification cites Federal Acquisition Regulation authority for limited source procurements when only one source is capable of meeting requirements due to unique or highly specialized supplies.

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Limited Source Justification, Amendment 01 – AFCEC, Expeditionary Small Asset Protection (ESAP) 1A and 1B

General Services Administration Federal Acquisition Service (FAS), Large Special Order Program (SOP), (QSCBD)

LIMITED SOURCE JUSTIFICATION (LSJ)

I. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification under FAR 8.405-6(a)(1)(i)(B)”:

Procurement Office: General Services Administration (GSA) Agency: Air Force Civil Engineer Center, Requirements and Acquisition Division (AFCEC/CXA), Tyndall AFB, FL.

Acquisition PIID: 47QSWC20K0084, formally ID22200079 (legacy number) Description of Requirement: BPA Expeditionary Small Asset Protection (ESAP), 1A and 1B Period of Performance: 09/28/2020 – 09/27/2025 (if all options are exercised) Delivery After Receipt of Order: Delivery is negotiated at the individual call order level.

Procurement Vehicle: Multiple Award Schedule (MAS), under GSA Category 332311P.

Brand Name: Dogwood Industries Estimated Procurement Value: $ (Base Year and Four (4) One-Year Options)

II. Nature and description of action being approved:

This action is to justify the modification of an established Limited-Source, Firm-Fixed Price, Blanket Purchase Agreement (BPA) award that was previously approved for the supply of the Expeditionary Small Asset Protection, (ESAP 1B), P/N DOG-ESAP1B-4EXP with an estimated amount of $ This proposed addition is to add the ESAP-1A and accessories, CLINs 0002-0005 as shown in the table below and to increase the estimated BPA value from $ to $ until a new contracting vehicle can be put into place.

CLIN Description Part Number 0001 Expedient Small Asset Protection (ESAP) 1B DOG-ESAP1B-4EXP 0002 Expedient Small Asset Protection (ESAP) 1A

Complete

OFB-RD-ESAP1A

*0003 Expedient Small Asset Protection (ESAP) 1A Structure Only

OFB-RD-ESAP1A-4EXP-

STRUCT

*0004 Installation Accessory Kit OFB-RD-ESAP1A-4EXP-ACC *0005 Earth Anchor Kit OFB-RD-ESAP1A-4EXP-EAP *The ESAP-1A (CLIN 0002) includes the sub-assemblies (CLINS 0003-0005), which may also be ordered individually.

The Contracting Officer (CO) determined the addition of the ESAP 1A model and accessories would be within scope of the 1B model. The 1A structure is the main shelter. The 1B structure is the reinforcement. Together they create a reinforced structure.

It should be noted, GSA previously awarded a BPA (47QSWC20A0008) for the ESAP-1A structure to Atlantic Diving Supply, Inc. (ADS). This BPA was a competitive procurement with a Base Year and four (4) one-year option periods, effective, 08/13/2022 through 08/12/2025 (if all options were exercised) with an estimated value of $ However, on August 12, 2023, CO allowed the option to expire as the intent was to award a new combined solicitation for the ESAP 1A and 1B structures (BPA valued at $ However, due to AFCEC’s urgent FY24, Q1 order, there is insufficient time to put into place a new contracting vehicle. This proposed LSJ modification adds approximately 10 more units of both the ESAP 1A and ESAP 1B increasing the BPA award value by $ from $ to $

It is important to highlight, at the time of award of the ESAP-1A, there were two vendors, Dogwood (ADS as their exclusive distributor) and Kelly Group that were listed on the AF's Qualified Products List (QPL) for the 1A structure. However, as of September 27, 2023, the QPL has been updated removing Kelly Group. Currently, Dogwood Industries is the only approved manufacturer for the ESAP 1A and 1B models.

Although a bridge contract was considered, it was ultimately determined it was in the best interest of the Government to modify the existing ESAP-1B BPA as the addition of the ESAP1A was determined to be within scope of award, the field of competition and signature authority remains unchanged.

This BPA was previously awarded against ADS, Inc.’s (Atlantic Diving Supply) Multiple Award Schedule (MAS) Schedule, GS-07F-358AA, in accordance with FAR 8.405-6(a)(1)(i)(B), One Source.

The original LSJ was approved by GSA’s Head of Contracting on September 21, 2020.

III. Description of the supplies or services required to meet the agency’s needs (including the estimated value):

The original BPA was valued at $ To-date, the total spend is $ with $ remaining. AFCEC currently has an estimated quantities range from 6-10 of both the ESAP 1A and ESAP 1B required. The estimated value ranges from $ to $ (depending on the number of units purchased). The increase in BPA estimated value to $ is to accommodate AFCEC should the ESAP quantities exceed 6 units of both the ESAP 1 and ESAP 1B.

Total Estimated Value: $

IV. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

This acquisition was conducted under the authority of the Multiple Award Schedule (MAS) Program. The primary statutory authorities for MAS are Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251 ET SEQ), and Title 40 U.S.C. 501, Services for Executive Agencies.

This acquisition will be procured against the MAS under GSA Category 336992. FAR 8.405- 6(a)(1)(i)(B) applies when procuring items from only one capable source:

(1) FAR 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

(2) This LSJ will be posted to SAM.gov within fourteen (14) days of award IAW FAR 8.405-6(a)(2)(i).

The manufacturer of the required items is Dogwood Industries who has confirmed ADS Inc. is their “exclusive” distributor. ADS Inc. sells the required items via their Multiple Award Schedule (MAS) Contract, GS-07F-358AA (ultimate contract end date August 31, 2033).

Therefore, given the requirements cited FAR 8.405-6(a)(1)(i)(B) and DFARS 225.7304, procuring these brand name part number(s) from one source is justified.

V. Determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

In accordance with FAR 8.404, all pricing will be evaluated prior to award. All pricing will be reviewed to ensure pricing and terms are in accordance with ADS Inc.’s MAS contract. The Contracting Officer will seek price reductions from ADS Inc. in accordance with FAR 8.405-4.

The Contracting Officer anticipates the use of variety of price analysis techniques in order to substantiate price reasonableness of the part number(s) requested in the award decision document. These techniques included, but not limited to the following:

Requesting recent commercial and Government sales history Direct competitive pricing comparisons Making indirect pricing comparisons to:

o the same or similar items in the marketplace, o competitive published price lists, and o Independent Government Estimates.

VI. DESCRIPTION OF MARKET SURVEY CONDUCTED:

Market research revealed the ESAP 1A/Accessories item descriptions were not available through AbilityOne, Unicor, Green Procurement Compilation or Interagency Contract Directory Portal.

Market research did reveal the required Dogwood Industries part numbers were available on GSA Advantage website under the Multiple Award Schedule Program.

VII. Any other facts supporting this justification:

All facts supporting this justification have been provided above.

VIII. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

Dogwood Industries is the only brand capable of meeting the Government’s needs. AFCEC has taken action to stimulate competition and provide more than one offeror an opportunity to bid on the requirement. AFCEC has reached out to the vendors that participated and/or shown interest in the ESAP 1A, that was conducted on a competitive basis. To date no other vendor has expressed interest in the ESAP 1B. AFCEC will continue to evaluate the capabilities of other vendors through continuing market research to determine if any other vendors qualify to go through the aforementioned QPL technical verification process.

The Government will continue to search both the Internet for possible sources of supply in addition to synopsizing any intent to negotiate with a single source for future requirements, thereby keeping industry aware that the Government is aware of no other sources for the required part number(s). Additionally, this justification will be posted to SAM.gov within fourteen (14) days of award for a minimum of thirty (30) days in accordance with FAR Subpart FAR 8.405- 6(a)(2)(i).

IX. TECHNICAL/REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in this justification, is accurate and complete to the best of my knowledge and belief.

Acquisition Program Manager Air Force Civil Engineer Center Airbase Technologies Branch Tyndall AFB, FL

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

The contracting officer has determined that the appropriate actions were taken under this acquisition meet the conditions described in FAR 8.405-6(a)(1)(i)(B). The information contained in this justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

e Contracting Officer, Large SOP (QSCBDA)

One Level Above, Large SOP (QSCBDA) Date

Branch Chief, Large SOP (QSCBD) Date

Assistant Regional Counsel (LD7)

Director, Special and Assisted Contracting Certification (QSC) Date

Competition Advocate (QSA) Date

Contracting Executive (QSC) Date

HEAD OF CONTRACTING ACTIVITY CERTIFICATION

I, the approving authority, determine that the circumstances identified in this document are accurate; therefore, limiting competition to one source under FAR 8.405-6(a)(1)(i)(B) is justified. The signature below also represents approval of this Limited Sources Justification.

Office of Policy and Compliance Assistant Commissioner (QS) Date

File details come from the government source that posted it. Updated .