J&A_Redacted.pdf

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

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY14 Nov 2017

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A 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! )

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 673 CONS/PKC

Purchase Request / Local ID Number: F1W3EB8106AW01

Program / Project (and PE, if applicable): Snow Bristles

Program Type (PEO or Other Contracting): N/A

Authority: 6.302-5 – 10 USC 2304(c)(5), Authorized or Required by Statute

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

04 May 2018

Project Lead / Program Mgr / Requiring Activity Donna Arnold

773 CES/CEOE, (907) 552-8177

Signature

Date

14 May 2018

Contracting Officer Alfredia Tyler

673 CONS/PKC, (907) 552-2675

Signature

Date

11 Jun 2018

Local Legal Reviewer Matthew Prieksat

673 ABW/JA, (907) 552-5693

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

13 Jun 2018

Approving Authority (one level above the CO)

Gina Parks

673 CONS/DBO, (907) 552-5318

Signature

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY14 Nov 2017

I. Contracting Activity.

673d Contracting Squadron, Joint Base Elmendorf-Richardson, Alaska 99506

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

This requirement is to provide 773 CES/CEOH with 78 sets of Brush Cassettes (Snow Bristles) for the snow removal equipment that are used on the flight line and runways.

CLIN 0001: 78 SETS Brush Cassettes (SIB Bristles, P/N: 4021593, OR EQUAL)

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

Svenska Industri Borstar/Swedish International Brush (SIB) Oshkosh Cassettes, P/N: 4021593, OR EQUAL with the following minimum Salient Characteristics:

1. One set shall consist of the proper amount of cassettes sections to fill the entire core.

2. Cassettes will be no more than 33" in length.

3. Each cassette section shall contain 20 tufts of .45 mm wire.

4. Length of each tuft shall be 11 inches from the top of the cassette strip to the tip of the wire bristle. Each tuft shall consist of 140 pieces of zinc coated steel wire, quality grade of "C".

5. Cassette sections shall be a polyurethane formed cup, which extends up the length of the tuft no less than 3" for support.

6. Distance between the centers of each cup shall be a maximum of 41.5mm for better sweeping action at full angle and when broom head is at less than full angle.

7. The wire shall be electro-galvanized, hard drawn crimped steel bent in a 'U' shape.

8. The wire will be held in place by a 1/8" diameter steel rod running full length of the cassette.

9. Replacement cassettes shall fit in the factory installed SIB cores.

10. Cassette shipping containers will be constructed in a fashion that eliminates any possibility of bent wires and is stackable up to 4 containers high to maximize storage capacity.

11. The bristles shall be suitable for use in temperatures seen at the altitude of the airport and be guaranteed for a period of one year, and one full use of the bristles should last between 100-120 hours or down to the maximum wear.

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

10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), as implemented by FAR 6.302-5 Authorized or Required by Statute, and required by FAR 6.303-2(b)(4).

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

FAR 6.302-5(b)(6) states that this authority may be used when statutes, such as the following, expressly authorize or require that acquisition be made from a specified source or through another agency: (b) Sole source awards under the Veterans Benefits Act of 2003 (15 U.S.C. 657f).

FAR 19.203(c) requires that for acquisitions exceeding the simplified acquisition threshold, the contracting officer shall consider the small business socioeconomic contracting programs (i.e. SDVOSB) first before considering small business set-aside.

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

Attempts were made to locate other Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns who can provide snow bristles. A Sources Sought Notice was posted on FBO.gov on 31 Janaury 2018, and four small businesses responded that they can provide snow bristles:

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY14 Nov 2017

1. The Chelshuah Corporation - SDVOSB

2. Yukon Equipment, Inc. - SDB

3. Batts, Inc. - SB

4. United Rotary Brush - SB

A Request for Information was also sent to GSA vendors under category 271 104 Snow Maintenance and Cleaning Equipment and Attachments on 16 April 2018 (see Section VIII below for more information).

Responses from the vendors on the Sources Sought Notice and Request for Information, and market research revealed that only one SDVOSB concern, The Chelshua Corporation (DBA: Myslik, Inc.), can provide this requirement.

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

FAR 13.106-3(a)(2) states that if only one response is received, the contracting officer may base the statement on --

(ii) Comparison of the proposed price with prices found reasonable on previous purchases. The Chelshuah Corporation was awarded the snow bristles requirement in JBER, AK for the past five years, and the prices on the previous acquisitions have been determined to be price fair and reasonable based on competition.

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

Market research was conducted in accordance with FAR part 10 and completed on 3 May 2018. The market research techniques used are as follows:

The team reviewed previous acquisitions and results of recent market research on similar requirements; contacted various snow bristles manufacturers and distributors; and performed internet searches on government databases (i.e.

FPDS-NG, GSA, DSBS, FBO).

Sources Sought Notice was published on FedBizOpps on 31 January 2018 with a response date of 7 February 2018.

Four responses were received from small businesses, however only one vendor is a SDVOSB concern.

A search in GSA e-Buy's e-Library for 23V Automotive Superstore, Category 271 104 Snow Maintenance and Cleaning Equipment and Attachments, found 21 contractors, 16 of which are small businesses (see 271 104 GSA Vendor List).

These vendors were e-mailed on 16 April 2018 to verify if they can provide snow bristles. Based on the responses received, it has been confirmed that only one small business, Batts Inc., can provide snow bristles via GSA. The manufacturer of SIB Bristles, Oshkosh Airport Products, LLC, was also contacted however it was verified that Oshkosh only provide heavy equipment and do not provide parts in their GSA contract.

The team also searched through the mandatory sources as required in FAR 8.002, Priorities for Use of Mandatory Sources. Mr. Michael Monstvil, Forward Logistics Specialist, DLA Troop Support Pacific, Alaska, was contacted on 2 May 2018 to verify if DLA can provide the requirement to JBER, AK. Mr. Monstvil confirmed that the DLA Maintenance, Repair and Operations (MRO) Prime Vendor can provide the requirement, however there is a Cost Recovery Rate (CRR) of 3.9% and distribution fees (profit, overhead, and transportation costs for the Prime Vendor) that the customer has to pay upon using the DLA Prime Vendor Program. Based on the IGE cost, the customer has to pay an additional minimum amount of to purchase the snow bristles via DLA. Further market research revealed that it is not advantageous for the customer to go via DLA because of the significantly higher cost than going open market.

The market research concluded that The Chelshuah Corporation is the only Service-Disabled Veteran-Owned Small Business concern that can provide the required snow bristles.

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

FAR 19.1406(a) states that contracting officer shall consider a contract award to a Service-Disabled Veteran-Owned Small Business (SDVOSB) concern on a sole source basis before considering small business set-asides provided none of the exclusions of 19.1404 apply and --

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(1) The CO does not have a reasonable expectation that offers would be received from two or more SDVOSB concerns;

(2) The anticipated award price of the contract, including options, will not exceed $6.5M for a requirement within the NAICS code for manufacturing;

(3) The requirement is not currently being performed by an 8(a) participant;

(4) The SDVOSB concern has been determined to be a responsible contractor with respect to performance; and

(5) Award can be made at a fair and reasonable price.

Based on a review of the above exclusion this requirement meets all requirements of FAR 19.1406(a).

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

See Section VI above.

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.

A 15-day Notice of Contract Action for Intent to Award Sole Source to The Chelshua Corporation (DBA: Myslik, Inc.) will be posted on FBO.gov in an effort to locate other SDVOSB concerns who can meet the requirements.

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