CUI J_and_A_Sole-Source_or_Brand-Name (IAW FAR 6.302).pdf

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Attached to
Fall Protection Certification Federal contract opportunity
Solicitation number
W50S72-23-Q-7300
Issued by
Department of the Army National Guard

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File Type Posted
FAR and DFARS Section 889 Representations.pdf PDF
Wage Determination.pdf PDF
Full-Text Provisions and Clauses.pdf PDF
Fall Protection Certification PWS.pdf PDF

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CUI

ATTENTION

Use this space to indicate categories, limited dissemination controls, special instructions, points of contact, etc., if needed.

ATTENTION

All individuals handling this information are required to protect it from unauthorized disclosure.

Handling, storage, reproduction, and disposition of the attached document(s) must be in accordance with 32 CFR Part 2002 and applicable agency policy.

Access to and dissemination of Controlled Unclassified Information shall be allowed as necessary and permissible to any individual(s), organization(s), or grouping(s) of users, provided such access or dissemination is consistent with or in furtherance of a Lawful Government Purpose and in a manner consistent with applicable law, regulations, and Government-wide policies.

Standard Form 901 (11-18) Prescribed by GSA/ISOO | 32 CFR 2002

IOWA AIR NATIONAL GUARD

HEADQUARTERS 185TH AIR REFUELING WING

2920 HEADQUARTERS AVE

SIOUX CITY IOWA 51111-1300

185 MSC

SUBJECT: Justification and Approval for Other than Full and Open Competition – Requirements valued less than $250,000; Control Number:

1. Contracting Activity:185th Air Refueling Wing Contracting Office Attention: 185 ARW/MSC 2920 Headquarters Ave Sioux City, IA 51111-1300

2. Nature and/or description of action being approved:

Brand Name Only Acquisition

Sole Source Acquisition

3. Description of the supplies or services required to meet the agency’s need to include estimated value:

(if more space is required, continue answer in Block 12)

4. Authority:

FAR 6.302-1, 10 U.S.C. 2304(c)(1) Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements (including Brand Name Only)

FAR 6.302-2, 10 U.S.C. 2304(c)(2) Unusual and Compelling Urgency

FAR 6.302-3, 10 U.S.C. 2304(c)(3) Industrial Mobobilization; Engineering, Developmental, or

Research Capability; or Expert Services

FAR 6.302-4, 10 U.S.C. 2304(c)(4) International Agreement

FAR 6.302-5, 10 U.S.C. 2304(c)(5) Authorized or Required by Statute

FAR 6.302-6, 10 U.S.C. 2304(c)(6) National Security

FAR 6.302-7, 10 U.S.C. 2304(c)(7) Public Interest

185 MSC

SUBJECT: Justification and Approval for Other than Full and Open Competition – Requirements valued less than $250,000

5. Reason Authority Cited (Explain circumstances preventing full and open competition, including proposed contractor’s qualifications or brand/model's unique features/functions to meet the Government's needs, and describe what harm will come to the Government if this action is not taken.

Contracting without providing for full and open competition shall NOT be justified on the basis of lack of planning by requiring activity or concerns related to the amount of funds available (e.g. funds will expire) to the requiring agency or activity): (if more space is required, continue answer in Block 12)

6. Market Research (Describe the extent of market research conducted to identify all qualified sources and the results thereof, or explain the reason market research was not conducted. Market research means collecting and analyzing information about capabilities within the market to satisfy agency needs): (if more space is required, continue answer in Block 12)

7. Other Interested Sources (List all sources, if any, that expressed an interest in the acquisition in writing):

8. Actions to Increase Competition (Describe the efforts made to ensure that offers are solicited from as many sources as practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under 5.202 applies):

SUBJECT: Justification and Approval for Other than Full and Open Competition – Requirements valued less than $250,000

9. Subsequent acquisitions (Describe the actions, if any, the agency may take to remove or overcome barriers to competition before any subsequent acquisition for the supplies or services are required):

10. Procurement History:

a. Previous Contract or Order Number:

b. Previously Competed? Yes No

c. Previous authority for other than Full and Open Competition: FAR

11. Fair and Reasonable Price Determination. IAW FAR 13.106-3(a), I have determined that the anticipated cost to the Government is fair and reasonable based upon one or more of the following (Contracting Officer check as appropriate):

a. Market Research;

b. Comparison of the (anticipated) price with prices found reasonable on previous purchases;

c. Current price lists, catalogs or advertisement. However, inclusion of a price in a price list, catalog or

d. advertisement does not, in itself, establish fairness and reasonableness of the price;

e. A comparison with similar items in a related industry;

f. The contracting officer’s personal knowledge of the item being requested;

g. Any other reasonable basis. Specify:

12. Continuation Space. (indicate number of paragraph that is being continued, followed by the text)

CUI

CUI

estimate provided by Government personnel and base engineers.

SUBJECT: Justification and Approval for Other than Full and Open Competition – Requirements valued less than $250,000

13. Certification: I certify that the information included in this J&A is accurate and complete to the best of my knowledge and belief.

Requesting Activity

Purchasing & Contracting

CUI

CUI

Jolene Otto, SMSgt, IA ANG Logistics Management Specialist

SF 901 - CUI Coversheet
CUI J_and_A_Sole-Source_or_Brand-Name (IAW FAR 6.302)

Fillable_field: Controlled by: Iowa Air National Guard Bureau Controlled by: MSC CUI Categories: Procurement and Acquisition Distribution/Dissemination Controls: FED ONLY

POC: MSC, 712-233-0512/0513/0514

Date: 21-Oct-22
Control No: 2023-01
Group 1: SS
3:
Description: The 185th Maintenance Group requires the acquisition of fall protection inspection and certification services and 4 option years.
Group 2: 1
5:
Reason Authority Cited: The existing fall protection system in the Main Hangar, Building 261, and the Fuel Cell, Building 278, was specifically designed, installed and certified by Tritech Fall Protection Systems when the Building 261 was upgraded, and Building 278 was built, to house KC-135 aircraft.

If anyone other than Tritech and their certified Tritech personnel were to perform any repairs/upgrades to the current system then Tritech would no longer certify their design.

6:
Market Research: Market research conducted indicated that numerous sources existed that could perform work on fall protection systems, however, none of those identified were authorized by Tritech to perform work on the existing system without losing the certification of the system. Tritech is the only company able to perform work on their engineered systems in order to keep the system certification.
7:
Other Interested Sources: N/A
8:
Actions to Increase Competition: IAW FAR 5.201(b)(1) For acquisitions of supplies and services, other than those covered by the exceptions in 5.202 … the contracting officer must transmit a notice to the GPE, for each proposed --

(i) Contract action meeting the threshold in 5.101(a)(1);

(ii) Modification to an existing contract for additional supplies or services that meets the threshold in 5.101(a)(1); or

(iii) Contract action in any amount when advantageous to the Government.

FAR 5.101(a)(1) states, “For proposed contract actions expected to exceed $25,000, by synopsizing in the GPE (see 5.201).”

The estimated cost of this acquisition is above $25,000; therefore, IAW with FAR 5.101(a)(1), advertisement of this acquisition is required and a notice will be transmitted to the GPE.

9:
Subsequent Acquisitions: Future upgrades/modifications to the existing fall protection system will be researched to determine if Tritech is the only authorized vendor to perform the work.
10:
a:
Previous Contract or Order Number: W50S72-21-P-0008
Group 3: No
11:
Previous Authority: 6.302-1
a: Yes
b: Off
c: Off
d: Off
e: Off
f: Off
g: Yes
12:
Continuation Space:
13:
Requesting Activity Signature Block:
P&C Signature Block: MEGAN E. MCCAULEY, MSGT, IA ANG

Contracting Officer

2022-10-14T13:11:36-0500
OTTO.JOLENE.KAY.1140177071
2022-10-21T08:52:41-0500
MCCAULEY.MEGAN.ELIZABETH.1141182990

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