Sole Source UBM J A Redacted.pdf

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

CONTROLLED UNCLASSIFIED INFORMATION

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4

I. Contracting Activity.

36th Contracting Squadron Unit 14040 Bldg. 22026

APO AP 96543

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

These parts should meet the specification as determined by the manufacturer of the Ultimate Building Machine (UBM) already in possession of the 554 RHS. Other parts and replacement pieces while may be available, will not fit the exact specifications as determined for the UBM.

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

The supplies and parts required to meet the 554 RHS agency needs include replacement of common spare parts, engine parts, hydraulic parts, seamer parts, channel parts, spool transport parts, table support systems, sheet metal design software all specific to the assets already owned MIC-3000 UBM-240 LP UBM Ultimate Building Machine (UBM).

The UBM machine that makes buildings is an all-terrain, factory on wheels that produces durable steel buildings in days rather than weeks or months.

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

10 U.S.C. 2304 (c)(1) authorizes that the head of an agency may use sole source procedures only when the property or services needed by the agency are available from only one responsible sources or only from a limited number or responsible sources and no other type of property or services will satisfy the needs of the agency. In accordance with FAR 6.302-1, the government has determined that only one responsible source will satisfy agency requirements.

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

Based on market research performed, M.I.C. Industries Inc. is the manufacturer of the MIC UBM-240 machine and is the only vendor capable of providing the required replacement parts and software licenses for the MIC-3000 UBM-240 LP UBM Ultimate Building Machine. Additionally this requirement is specifically stated to purchase a UBM in UTC and UTC An Attestation of Sole Source, dated 1 January 2025, was provided by M.I.C. Industries Inc. stating that they are the sole manufacturer, as well as the only provider of operations, maintenance, and training on the UBM-240. This attestation is included under the Sole Source/Single Source Justification (FAR 13) folder. Based on this information, the intent is to award a sole source contract to M.I.C. Industries Inc.

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

Vendor Outreach

- A sole source attestation was provided to 554 RHS from M.I.C Industries, Inc stating that they are the only provider of operations, maintenance, and training on the UBM-240.

SAM.gov

- A search on SAM.gov for "M.I.C. Industries" resulted in 15 DoD awarded contracts in the last 5 years. All 15 of those were awarded to M.I.C Industries, Inc. and were directly related to the procurement, spare parts/equipment, maintenance, and training on the UBM.

Internal Records

- 36 CONS has made several awards in previous years for 554 RHS requirements regarding the UBM-240. All awards were Sole Source to M.I.C Industries, Inc.

Internet Search -An Internet search for "UBM-240" resulted in M.I.C Industries, Inc as the top vendor capable of fulfilling the requirement. Further research into M.I.C Industries, Inc lead to their website where it was stated that they are the sole manufacturer for the UBM-240. No other websites were found that prove otherwise.

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

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 4

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

Contracting activities will be required to make an individual determination of price fair and reasonableness in accordance with (IAW) FAR 13.106-3(a) (Simplified Acquisitions) prior to award.

The Contracting Officer anticipates being able to determine and obtain a fair and reasonable price based on comparison of the Independent Government Estimate (IGE) and prices found reasonable on previously awarded contracts such as and Note that all contracts were directly related to the procurement, maintenance, and training on the UBM structures and awarded as a sole source to M.I.C Industries, Inc.

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

Market research was throughly conducted in the search for a competitor that could offer the same specifications or alternative parts for the MIC-3000 UBM-240 LP UBM Ultimate Building Machine but efforts were unsuccessful. Based on the Government's analysis, M.I.C. Industries, Inc. is the only source capable of providing all of the required parts.

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

M.I.C. Industries, Inc. is the sole worldwide manufacturer and registered trademark owner of the, Ultimate Building Machine (UBM), software suite, 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 intellecual property protection on its products throughout the world.

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

None

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.

The environment for the UBM spare parts and software is such that the requirement must be supported by a sole source J&A to meet customer requirements. It is anticipated that the 554 RHS UBM requirements will continue to be a sole-source requirement. Every effort will be made in the future to allow other vendors to work on the UBM structures.

IAW FAR 13.501(a)(iii), the justification shall be made publicly available within 14 days after contract award. This justification shall be made publicly available via the Government Point of Entry (GPE), aka SAM.gov.

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.

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

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4