Penetone IDIQ BNJ on SSJ_Redacted.pdf

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

CONTROLLED UNCLASSIFIED INFORMATIONCONTROLLED UNCLASSIFIED INFORMATION

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4

I. Contracting Activity.

United States Air Force (USAF), Air Force Material Command (AFMC), Air Force Sustainment Center, Maintenance Contracting Branch (AFSC/PZIMA - Tinker), 3001 Staff Dr, Tinker AFB OK 73145

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

AFSC/PZIM intends to award a new Firm Fixed Price Brand Name Indefinite Delivery Indefinite Quantity (IDIQ) contract for the purchase of Penetone 1112A.

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

This requirement is for a five year (five ordering periods) IDIQ contract for the following chemical:

1. 55 gallon drums of Penetone 1112A Carbon remover.

- Minimum one time 40 drum order.

- Maximum annual amount of 240 drums.

- Estimated annual usage of 120 drums.

2. Shall be able to satisfy a delivery schedule of 40 drums reoccurring every one-hundred and twenty (120) days starting 19 June 2024. Additional drums may be requested as needed.

3. Can meet the Maximum requirement of this Contract of two hundred forty (240) drums annually or no more than twelve hundred (1200) over the five (5) year period.

4. Chemicals shall have a minimum of 85% shelf-life upon delivery.

5. Materials shall be shipped on pallets. Contractor shall supply their own pallet jack or other means to move pallets to the rear of delivery truck. Tinker AFB personnel will offload the delivery truck via government forklift at the back of the truck.

6. Shall provide Safety Data Sheets with solicitation and with each shipment of materials.

Annual Max Unit Cost Annual Max Cost

CLIN 0001 55 gallon drums of Penetone 1112A (Base Year) 240

CLIN 1001 55 gallon drums of Penetone 1112A (Period I) 240

CLIN 2001 55 gallon drums of Penetone 1112A (Period II) 240

CLIN 3001 55 gallon drums of Penetone 1112A (Period III) 240

CLIN 4001 55 gallon drums of Penetone 1112A (Period IV) 240

Contract Total - $

O&M funding type to be used

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

DAFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901) Per AFSC Manual (AFSCM) 21-102, Depot Maintenance Management, para 1.3: "AF TOs are published under the authority of the Secretary of the Air Force (SECAF). Compliance with TOs is mandatory.

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

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 4March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 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).

The 76 Aircraft Maintenance Group (AMXG) requires the implementation of a flexible contract for Penetone 1112A.

This product is currently in use on the KC-135 and B-1 aircraft for cleaning and degreasing prior to maintenance. In the future, there are additional parts that will start to utilize this chemical with approval from Head Quarters Air Material Command and approval by Air National Guard. This future workload is driving the need for a flexible IDIQ contract to meet this future demand. The use of Penetone 1112A is part of the Production Maintenance Process (PDM) for the B-1 and KC-135 aircraft. This product is sprayed on areas containing heavy soil and carbon deposits. The use of this product followed by high pressure washing allows for the removal of built-up soil and carbon prior to the removal of components for the start of programmed depot maintenance (PDM) or the ability to use nondestructive inspection prior to the removal of panels.

The use of Penetone 1112A is mandated by Air Force Technical Orders (TO) with no substitutions listed. TO 1B-1B-6WS-1 para 51.4 and 1C-135-3-1 para 2.1.2.1 list out Penetone 1112A as the only Qualified Product for removing carbon deposits on bare metal. Penetone Brand 1112A is the only authorized brand and it is requested that it be procured to meet all the requirements of the program office and subsequently the KC-135 and B-1 warfighters.

Per AFSCMan 21-102 para 1.2 "AF TOs are published under the authority of the Secretary of the Air Force (SECAF). Compliance with TOs is mandatory."

If a brand other than the one specified by the TO is purchased, it will not meet the requirements of the TO.

In addition, per AFMCI 63-1201 if this is classified as an Aviation Critical Safety Item then the failure of this item could cause a catastrophic or critical failure resulting in the loss or serious damage to the aircraft or weapons system, an unacceptable risk of personal injury, loss of life, or an uncommanded engine shutdown that jeopardizes safety. This product is used on items classified as Aviation Critical Safety items.

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

Market research was conducted and found only one manufacture for the TO required material. On 12 October 2023 Penetone Corporation verified their company was purchased by Chemisphere Inc. (effective 2 October 2023) to the Program Manager. There were no authorized distributors for Penetone 1112A previously, and this has carried over to Chemisphere Inc.'s ownership. Market research indicates there to be multiple vendors that stocks Penetone 1112A and says they have it available to sell to the government. The program manager verified that Chemisphere Inc. is not willing to sell the data rights to this material. FAR part 12 and 13 procedures will be utilized for this purchase.

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

The contracting activity (AFSC/PZIM Tinker) will be required to make an individual determination of price fair and reasonableness IAW FAR 13.106-3(a) (simplified acquisitions). This includes basing price reasonableness on competitive quotations or offers. If only one response is received, the contracting officer will base price reasonableness on several factors not limited; but to include market research, previous purchases, current price lists or catalogs, similar related items, the contracting officer's personal knowledge of the item, comparison to an independent government estimate, or any other reasonable basis.

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 by reviewing past contracts, looking on the Small Business Administration, Internet searches and GSA for a company that could provide Penetone 1112A. In searching the World Wide Web and past market research for similar chemicals, several small businesses were found that could supply this chemical. On 12

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

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4

October 2023 Penetone Brand verified their company was purchased by Chemisphere Inc. (effective 2 October 2023).

There were no authorized distributors for Penetone 1112A previously and this has carried over to Chemisphere Inc.’s ownership. Multiple Internet resellers were located with published in-stock availability and capability to provide Penetone 1112A (listed in section X below). A Rough Order of Magnitude (ROM) was received from one additional Reseller (Wester American Specialties Inc.).

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

No new information

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

1. PENETONE CORPORATION (OEM), CAGE: 56883

2. CHEMISPHERE CORPORATION (New Ownership of Penetone 1112A), CAGE: 1JKC7

3. WESTERN AMERICAN SPECIALTIES INC, CAGE: 1Q0V1

4. AEROBASE GROUP INC, CAGE: 74B05

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 Government will continue to assess the market on future purchases to look for opportunities to expand competition.

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 signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.