Attachment 3 - Sole Source-Brand Name J and A-Redacted.pdf

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

CONTROLLED UNCLASSIFIED INFORMATION

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

APPROVAL (AFFARS 5306.304(a) )

Date Chief of the Contracting Office (COCO) [ Official Signature Block ]

Signature

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

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 4

I. Contracting Activity.

The Department of the Air Force, 99th Contracting Squadron (99 CONS) Services Team (PKB), Nellis Air Force Base, Nevada, is responsible for this Sole Source Justification - Simplified Procedures for 57 MXG Preventative Maintenance Repair.

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

The 57 MXG Preventative MX Contract Proposed CLIN structure is as follows:

0001 - Preventative Maintenance (Base Year) 1001 - Preventative Maintenance (Option Year 1) 2001 - Preventative Maintenance (Option Year 2) 3001 - Preventative Maintenance (Option Year 3) 4001 - Preventative Maintenance (Option Year 4)

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

The contractor shall provide preventative maintenance inspections and repairs IAW the Statement of Work. Phillips Corporation Federal Division will carry a manufacturer warranty on repairs using certified technicians.

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

IAW FAR 13.501

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

Market research completed have established the manufacturer Phillips Corporation Federal Division to be the applicable organization/company to complete many of the required preventative maintenance repairs. Phillips Corporation Federal Division also meets design specifications for the machine size, weight, and service capabilities ensuring safe operation. An intent to sole source was posted from 19-29 April yielding two responses. Phillips Corporation Federal Division was the only company to provide the required certifications. Due to the nature of the requested repairs and certifications required, Phillips Corporation Federal Division is the only suitable company to perform these repairs. Lastly, all repairs on HAAS & OMAX equipment will carry a manufacturers warranty.

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

Phillips Corporation Federal Division provided proprietary letters stating only manufacturer certified technicians can perform required repairs, these repairs will also come with a warranty. A search on USAspending.gov for Phillips Corporation Federal Division (CAGE:3MPQ0) was conducted and resulted in 16 contracts being awarded to the company. The most recent contracts awarded to them (W9098S22F0012 and FA930021F6013) were sole sourced to Phillips Corporation Federal Division. An additional search was conducted on FPDS.gov showing over 30 contracts awarded using search criteria (CAGE:3MPQ0), DOD, 811310 under which most of the contracts were "not competed under SAP" or "sole source" acquisitions. An intent to sole source was posted from 19-29 April yielding two responses.

Phillips Corporation Federal Division was the only company to provide the required certifications. Due to the nature of the requested repairs and certifications required, Phillips Corporation Federal Division is the only suitable company to perform these repairs. Lastly, all repairs on HAAS & OMAX equipment will carry a manufacturers warranty.

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

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4 a manufacturer warranty as stated in 2 letters provided by Phillips Corporation Federal Division.

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

A search on USAspending.gov for Phillips Corporation Federal Division (CAGE:3MPQ0) was conducted and resulted in 16 contracts being awarded to the company. The most recent contracts awarded to them (W9098S22F0012 and FA930021F6013) were sole sourced to Phillips Corporation Federal Division.

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

The items being serviced under this preventative maintenance contract are proprietary in nature and require Phillips Corporation certified technicians to provide the services.

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

Phillips Corporation Federal Division letters stating repairs by their manufacturer certified technicians can carry an manufacturers warranty. A search on USAspending.gov and FPDS.gov showed over 30 contracts awarded to Phillips Corporation Federal Division which were either sole source or not competed under SAP. Market research showed Phillips Corporation, Federal Division was the only company with both OMAX & HAAS certified technicians and provides a manufacturer warranty as stated in 2 letters provided by Phillips Corporation Federal Division.

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.

Due to the brand name equipment being inspected and certifications required, Phillips Corporation Federal Division is the only suitable company to perform the repairs.

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.