Attachment 3 - Brand Name J and A.pdf

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

March 2023 Page 2 of 3March 2023 Page 2 of 3

I. Contracting Activity.

99th Contracting Squadron Nellis AFB, NV

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

This acquisition will be a new Firm-Fixed Price contract for commercial items utilizing FAR Part 13 procedures.

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

The 820th Red Horse Squadron (820 RHS) requests the purchase and delivery of Well Materials in accordance with Attachment 1 - Bill of Materials and Attachment 2 - Salient Characteristics for Drilling Chemicals. Various drilling chemicals mentioned in both attachments are brand name: Baroid. There are no service or construction components required in this acquisition as all work after delivery will be completed by the 820 RHS. This is a partial brand name restriction for the well drilling fluids listed in the Bill of Materials.

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

FAR 6.302-1(b)(1)(i) - Unique supplies or services available from only one source or only one supplier with unique capabilities IAW MIC Insdustries' Sole Source Attestation.

AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

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

Baroid drilling chemicals are specifically required by 820 RHS due to their inclusion in the unit's standardized training manuals and operational procedures. These chemicals are formulated to meet the precise performance and safety standards necessary for 820 RHS drilling operations. The requirement shall require resellers who can provide Baroid products. Procuring alternative chemical products from other vendors would risk incompatibility with 820 RHS protocols and compromise the effectiveness and safety of drilling procedures. The 820 RHS are trained exclusively on Baroid Chemicals. Introducing a new brand or formula would call for retraining personnel and possibly new equipment which can result in cost and delay in mission readiness. Baroid drilling chemicals is essential to maintain operational continuity.

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

A sources sought was posted on SAM.gov to small businesses to determine is at least three (3) small business can meet the requirement for the the Baroid drilling chemicals.

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

The anticipated cost for this requirement will be considered fair and reasonable based upon comparison with prices found reasonable on previous acquisitions for similar items and a comparison to similar items in the market. Price analysis is anticipated to be needed based upon the expected price of

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

Market Research has been conducted IAW FAR Part 10 to determine that the requirement is can be provided by at least three (3) small businesses.

A search via GSA Advantage under "Baroid" resulted in (zero) 0 results. A search on FPDS for "Baroid" resulted in one (1)

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

March 2023 Page 3 of 3March 2023 Page 3 of 3 award under a Department of Defense Contract; the award was not an Air Force Contract. A sources sought on SAM.gov revealed at least three (3) small businesses can provide the Well Materials.

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

A sources sought was conducted on SAM.gov and resulted in three (3) small businesses however 99 CONS is confident more than three (3) small businesses will reply to the solicitation when posted.

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

Three small business contractors expressed interest in the requirement including the purchase for Baroid items: BHPE LLC, SpendsSmart Group LLC, and Prymol Business Management Inc.

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.

No actions have been made to remove barriers to competition for this requirement. It would be unpractical for 820 RHS to change from Baroid due to personnel being trained in training how to properly use the material.

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.

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.