FA252124QB052_SSJA_BIB_6AUG24_signed_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

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I. Agency and Contracting Activity.

45th Contracting Squadron, 1201 Edward H White II St. Patrick Space Force Base, FL. 32925 Kristin Doty Contracting Officer, 321-494-9516

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

The United States Space Force (USSF) via 45CONS is procuring a sole source material buy for a K-Span Building in a Box complete kit from M.I.C. Industries in Fiscal Year (FY) 2024. The purchase will be for the National Aeronautics and Space Administration (NASA) utilizing the 823rd Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RHS).

This is a new requirement which will result in a new contract. The contract will be Firm Fixed Priced.

The 823d RHS is an associate unit on Hurlburt Field in Florida. The RHS is described as highly mobile and self-sufficient doing work both CONUS and OCONUS. The special skills necessary are honed through construction projects for the Air Force, Department of Defense, and civilian community. For the purpose of this requirement, NASA has asked for the 823rd RHS to come to Cape Canaveral and construct a K-SPAN building utilizing their equipment and training.

The 823rd RHS trains and exclusively uses the M.I.C. Industries Ultimate Building Machine (UBM) and associated supplies per AFI 10-209_AFGM2023-01 dated 19DEC23. While NASA will be the beneficiary of the building, the 823rd will also benefit from the ability to utilize the trained personnel and have hands on experience completing the K-SPAN. This experience will continue to enhance the capability of the 823rd RHS.

Prior to this purchase, NASA anticipated the use of the 823rd RHS for this K-Span. NASA went forward with a A&E Design through their contracts. NASA provided direction to the A&E contractor to utilize the K-SPAN building specifications that would be used by the 823rd. The 823rd only uses the M.I.C. UBM for all their assembly of the K-Span. Therefore, the A&E design is specific to the K-Span produced using the M.I.C. proprietary items.

Through collaboration and teamwork, SLD 45/45CONS has agreed to be the procurer of the requirement to buy the materials needed for the K-SPAN. NASA provided 45CONS with the requirements package to include the use of the 823rd RHS UBM as the mechanism to construct the K-Span building. The 823rd RHS has been using the UBM for 20+ years with success to include buildings withstanding extreme weather events.

This building will be used as a storage place for the Orion Launch Abort System. The Orion Launch Abort System is part of the spacecraft that is designed to carry the crew to safety in the event of an emergency during launch or ascent.

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

This requirement is for a K-SPAN building in a box (BIB) complete kit. The K-SPAN BIB is a complete set of materials to assemble the K-Span building. The materials are specifically manufactured to have specific metal composition and alloys to be used on the UBM. If the metal does not have the specific compositions, the UBM cannot use the metal to construct the building. The only supplier of the specific metal components is M.I.C. Industries.

The UBM seamlessly forms metal for the K-Span building. The K-Span building, as referenced in this requirement, is the name of an arch-style structure that is built using M.IC. Industries provided materials and the UBM. The UBM takes rust-resistant steel coils and other proprietary components within the BIB and shapes them into a continuous span of steel that goes over the entire width of the building. Successive spans of steel are then seemed together using another machine built by M.I.C. Industries. The end product is a building with no bolts or other exterior punctures through the skin of the building, which eliminates the need for maintenance due to rust or uncoupling of mechanical adhesives. Therefore, the UBM requires specific coils and steel products proprietary to M.I.C. Industries. Due to the proprietary nature of the equipment, M.I.C.

Industries' coils and steel are necessary for use in the UBM to ensure the proper functionality of the machine, to ensure the specifications of the facility are accurate and safe, and to ensure the lifespan of the UBM is not degraded by using materials that are not compliant with its specifications. The BIB kits are specifically designed to be used with these unique K-Span buildings. In order to use the UBM, the materials proprietary to the machine are required. Therefore, the only source of the materials would be from M.I.C. Industries.

The 823rd RHS has been using various UBMs for 20+ years. The UBM specific to this requirement has been in use with the

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823rd RHS for approximately 15 years.

The 823rd RHS has made a continued investment in training for use of the UBM. Every 2 years, approximately 70 members of the 823rd RHS attend a two week training coarse at Nellis Air force Base at the cost of approximately $6,000 per person as part of the Troop Training Project (TTP) portfolio. This investment of government funding for training on the UBM is approximately $3,150,000 over the 15 years of use of the UBMs to include the one utilized on this requirement.

Items to be purchased for the K-Span Building size: 40' H X 77.5" W X 104' L

Line Part Number/Description Quantity

1 098-0011 .063 COIL STOCK MAXIMUM 36" 68,000

SPECIFICATIONS. COIL WEIGHT MAX 5000 US POUNDS PAINTED CREAM TAN

2 098-0022 1/4" X 3" BASE ANGLE (20 FT. LG.) 10

3 098-0018 3/4" ID SCH40 PIPE PLAIN ENDS 18" LG., FOUNDATION FORM PIPE 30

4 100-0950 ALL THREAD ROD 12-13B - 22" 30

5 100-0960 FOUNDATION FORM FASTENER KIT 1

6 098-1160-A MIC 240 ENTRY DOOR KIT RIGHT HAND REVERSE (SWING OUT) (36" X 80") 2

7 098-1170-A MIC 240 ENTRY DOOR KIT LEFT HAND REVERSE (SWING OUT) (36" X 80") 2

8 098-NASA-1820-P1 OVERHEAD DOOR KIT (18W' X 20H')(POWER OPERATED, 110V / 60HZ) 2

(INSULATED)(WINDLOAD PSF 65)

9 098-2070-A OVERHEAD DOOR 10' TUBE EXTENSION KIT 2

10 098-0038 BX 500, #12-14 TEK SCREW 1-1/4" WITH RUBBER WASHER 2

11 098-7001 END WALL CHANNEL (MIC 240), 8 FT 45

12 098-0026 NEOPRENE 1-1/2" X 8" X 72" CLOSED CELL SPONGE (W/PSA 1 SIDE ONLY) 40

13 098-0027 NEOPRENE 1/2" X 2" X 72" CLOSED CELL SPONGE (W/ PSA 1 SIDE ONLY) 80

14 098-0028 MASTIC TAPE #1104, 1/8" X 1" X 40' GREY BUTYL (14 ROLL CASE) 1

15 098-1014 EXTERIOR SILICONE TUBE, WHITE 5

16 098-0041 UBM STEEL BUILDING BLANKET INSULATION, R-19, COVERS 200 SQ FOOT AREA 110

17 757-7193 WASHER WA 200 (ROUND) 1000/BOX 22

18 757-7166 WELD-ON PIN 12 GA X 6.5" 1000/BOX 22

19 757-7171 PROTECTIVE SPEED CAP (WHITE) 12GA 1000/BOX 22

20 098-0043 UBM® STEEL BUILDING BATTING INSULATION FINISHING TAPE (WHITE)(WMP-50) 55 21 098-0006 MIC-BUILDINGWORKS® PROPRIETARY STRUCTURAL ANALYSIS AND CONSTRUCTION 1

MANAGEMENT SOFTWARE REPORT

22 M-999-9901NASA SIDE WALL PLATE 1/2X18 1/4X96 28

23 M-999-9902 NASA SIDE WALL CONTINUOUS PLATE 1/2X17 1/2X96 28

24 M-999-9903 NASA VALLEY PLATE 3/8X6X6 104

25 M-999-9904 NASA COLUMN TOP PLATE (PL1) 14

26 M-999-9905 NASA COLUMN SUPPORT PLATE (PL2) 14

27 M-999-9906 NASA COLUMN CONNECTING PLATE (PL3) 14

28 M-999-9907 LAS HANGAR ELECTRICAL PACKAGE 1

The materials will be purchased with 3400 funds provided by NASA for the 823rd RHS. The government estimate for the items listed above is The government estimate was based on market research with prior buys and communication with M.I.C. Industries on the specific size and type of the K-Span building.

The delivery of the materials after award are anticipated at 12 weeks from contract execution.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The 45th Contracting Squadron, with coordination with NASA and the 823rd RHS, has determined that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

The first reason for the determination that M.I.C. Industries will be the only available source is the statement M.I.C.

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Industries provided as an Attestation of Sole Source 823rd RHS on May 20, 2024.

"This is to confirm the M.I.C. Industries, Inc., incorporated in Delaware USA and headquartered at 4150 Martinsburg Pike, Clear Brook Virginia 22624 (together with its subsidiaries and affiliates "M.I.C.), is the sole manufacturer of the Ultimate Building Machine® (UBM®) comprehensive product line, including steel building machine, insulation and coil transportation equipment, related spare parts, and software."

""M.I.C. Building in a Box™ Kits" are customized configurations of building materials and supplies designed to fabricate a building of specific size, configuration, and options in the specific location. Although individual items within the kit may be procured from other sources, the kit as a whole, which included proprietary and custom-made items designed by M.I.C's own Technical Support Specialists™, can only be purchased through M.I.C."

"M.I.C. Industries, Inc. is the sole worldwide manufacturer and registered trademark owner of the Mega Building Machine® (MBM®), Ultimate Building Machine® (UBM®), Automatic Building Machine® (ABM®), K-SPAN®, Super Span®, Super K-Span®, Arch-Span®, M.I.C.-BuildingWorks® software suite, M.I.C. Building in a Box™ and M.I.C.

Technical Support Specialists™ and other complementary building machine products. M.I.C. has never provided licensing rights of any kind to any other manufacturer to produce, sell, repair, or refurbish its products. M.I.C.

maintains intellectual property protection for its products throughout the world."

The second reason for the determination is the prior design completed for the use of the M.I.C. Industries K-Span building by the 823rd RHS for NASA. If the BIB cannot be utilized, the K-Span design cannot be used. The use of a different approach by other providers would require a new design or re-design of the entire building, setting the project back about 2 years, and impacting the timeline of NASA's Orion program, including the Artemis missions to the moon

The third reason for the determination is the utilization of government trained personnel being able to efficiently complete the requirement based on experience, training, and availability. If another approach is utilized, there may be increased cost and schedule for the building for another source to complete the work after the new design is completed.

The fourth reason was provided by the 823rd RHS "There are other arch style building methods available, all of which involve using shorter spans of steel and bolting them together. This difference guarantees that those structures will require more maintenance over their lifespan. Additionally, with the introduction of another point of failure, the bolts and nuts, there is an increased chance of structural failure and building collapse. Anecdotally, when Hurricane Michael hit Tyndall AFB in 2018, all of the K-Spans on the base remained structurally sound, while many other conventional buildings sustained great damage. Due to these advantages, and in anticipation of this structure being built by RED HORSE as part of their Troop Training Project (TTP) Program, this structure was designed specifically as a K-Span."

Accordingly, M.I.C. Industries is the only firm capable of providing the supplies and services described in Section III above without the Government experiencing substantial duplication of cost that could not be recovered through competition.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A sources sought was posted on March 25, 2024 with NAICS 332311 with no vendors responding to the announcement.

After continued review, the posting was updated and reposted for 15 days with the NAICS 332312 to attempt to ensure all vendors would have the change to response. At the time of the sources sought posting, the solicitation documents were not available, so it was stated it would be in support of a K-Span Building in a Box size: 40' H X 77.5" W X 104' L and the government was looking at M.I.C. Industries to be the only source available. A capability statement was requested if

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Based on the lack of response, and the knowledge of the 823rd RHS only using the M.I.C. Industries proprietary equipment, the contracting officer has determined there are no reasonable expectation another vendor would provide an acceptable proposal to the requirement if posted for competition.

In accordance with FAR 6.305, the sole source justification will be posted to the Government Point of Entry within 14 days after contract award to allow transparency of this requirement to the market Additionally, market research was performed via on-line searches; searches via FBO, EDA, direct communications with the contractor, and the issuance of a sources sought (which yielded no responses) were utilized to identify as many sources / distributors for this requirement as possible.

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

At the time of the proposal, information will be requested from M.I.C. Industries to provide any catalog prices or other contracts with similar prices.

The use of government sources, such as AFBIT Light, may be used for determination fair and reasonable.

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

A sources sought was posted on March 25, 2024 with NAICS 332311 with no other vendors responding to the announcement. After continued review, the posting was updated and reposted for 15 days with the NAICS 332312 to attempt to ensure all vendors would have the change to response. No vendors responded to the sources sought.

Based on the lack of response, the contracting officer has determined there are no reasonable expectation another vendor would provide a response to the requirement if posted for competition.

Based on the use of the 823rd RHS, and the requirement to use the M.I.C. Industries Ultimate Building Machine (UBM) and associated supplies per AFI 10-209_AFGM2023-01 dated 19DEC23, the commercial opportunities are limited for suppliers other than M.I.C. Industries.

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

N/A

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

M.I.C. Industries

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

For the purchase of materials utilized by RHS for use in the the proprietary UBM, the government will be required to continue purchase of items from M.I.C. Industries per the AFI 10-209. The AFI, Para 3.4, states the lead training units should research and develop new and or improved training standards and techniques and present them to AFCEC/CXX for review as necessary. It at a time it is found the AFI is changed, additional opportunity may be available for other commercial solutions.

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XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by our signatures above, we certify that any supporting data contained herein, which is our responsibility, is both accurate and complete.