Attachment 1 - Sole Source JA.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Contracting Activity: 36 CONS/PKB

Purchase Request / Local ID Number: F2CFLG3031AW01

Program / Project (and PE, if applicable): Ultimate Building Machine (UBM) Refurbishment

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C. 1903)

Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a))

Date Requiring Activity MSgt Derek C. Hite

554 RHS/ROCM / 362-6221

Date

04 May 2023

Contracting Officer Lee Michael D. Rosario

36 CONS/PKB / 366-4257

APPROVAL (AFFARS 5306.304(a) )

Date

08 May 2023

Chief of the Contracting Office (COCO) Christine G. Manglona, DBO

36 CONS/CC / 366-4214

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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I. Contracting Activity.

36th Contracting Squadron Unit 14040 Bldg. 22026

APO AP 96543

II. Nature and/or description of the action being processed.

This is a request for approval to award a contract, on a sole source basis, for the refurbishment of the Ultimate Building Machine-240 (UBM-240), an all terrain factory on wheels that produces durable steel buildings used by the 554th Red Horse Squadron (RHS).

III. Description of supplies/services required to meet agency needs.

The 554 RHS has a construction project scheduled for FY23 that requires the UBM-240 to complete the project.

Currently, the 554 RHS's UBM-240 is inoperable and needs to be refurbished in order to complete the mission. The UBM-240 will be shipped to the vendor's facility to be evaluated, disassembled, and refurbished back to functioning capability. Once completed, the UBM will be returned to Guam.

IV. Statutory authority permitting other than full and open competition.

10 U.S.C. 2304 (c)(1) authorizes that the head of an agency may use sole source procedures only when the property or services needed by the agency are available from only one responsible sources or only from a limited number or responsible sources and no other type of property or services will satisfy the needs of the agency. In accordance with FAR 6.302-1, the government has determined that only one responsible source will satisfy agency requirements.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Based on market research performed, M.I.C. Industries Inc. is the manufacturer of the MIC UBM-240 machine and is the only vendor capable of providing the required refurbishment and repairs by 554 RHS. An Attestation of Sole Source, dated 1 January 2023, was provided by M.I.C. Industries Inc. stating that they are the sole manufacturer, as well as the only provider of operations, maintenance, and training on the UBM-240. This attestation is included under the Sole Source/Single Source Justification (FAR 13) folder. Based on this information, the intent is to award a sole source contract to M.I.C.

Industries Inc.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

M.I.C. Industries, Inc. provided an Attestation of Sole Source, dated 1 January 2023, confirming that they are the sole manufacturer of the UBM comprehensive line, which includes the UBM-240. The attestation also states that M.I.C.

Industries, Inc. is the only provider of operations, maintenance, and training on the UBM equipment.

Vendor outreach, a search of internal records, an FPDS search, and an Internet search were all additional efforts made to ensure that offers were solicited to as many potential sources and vendors. The below is a breakdown of that market research.

Vendor Outreach

- As mentioned above, an attestation was provided, stating they are the sole provider.

Internal Records

- 36 CONS has made several awards in previous years for 554 RHS requirements regarding the UBM-240. All awards were Sole Source to M.I.C Industries, Inc.

FPDS

- A general search on FPDS for "UBM" resulted in 34 Air Force awarded contracts. Of the 34, 25 of them were awarded

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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Internet Search

- An Internet search for "UBM-240" resulted in M.I.C Industries, Inc. as the only vendor capable of fulfilling the requirement. Further research into M.I.C Industries, Inc. led to their website which states that they are the sole manufacturer for the UBM-240. No other companies were found on the internet capable to providing the services required.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Contracting activities will be required to make an individual determination of price fair and reasonableness in accordance with (IAW) FAR 13.106-3(a) (Simplified Acquisitions) prior to award.

The Contracting Officer anticipates being able to determine and obtain a fair and reasonable price based on comparison of the Independent Government Estimate (IGE) and prices found reasonable on previously awarded contracts such as . Note that all contracts were directly related to the procurement, maintenance, and training on the UBM structures and awarded as a sole source to M.I.C Industries, Inc.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research indicates that M.I.C. Industries Inc. does not license third parties to refurbish the UBM-240 structure. Based on the Government's analysis, M.I.C. Industries, Inc. is the only source capable of providing the required services.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The environment for the UBM refurbishment is such that the requirement must be supported by a sole source J&A to meet customer requirements. It is anticipated that the 554 RHS UBM requirements will continue to be a sole-source requirement. Every effort will be made in the future to allow other vendors to work on the UBM structures.

IAW FAR 13.501(a)(iii), the justification shall be made publicly available within 14 days after contract award. This justification shall be made publicly available via the Government Point of Entry (GPE), aka SAM.gov.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.