FSS Sole Source Justification ABOVE SAT FURNITURE REDACTED.pdf

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Office Furniture for W143
Solicitation number
N00189QL351
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SSJ# 26-265: FSS Sole Source Justification (Above SAT)

This is a Federal Supply Schedule (FSS) sole source justification for NAVSUP Fleet Logistics Center (FLC) Norfolk to procure workstation design, installation, and delivery services from Federal Prison Industries (UNICOR), a large business. The requirement is to acquire, design, install, and replace existing workstations within NAVSUP spaces, with delivery required 90 days after award. Services include removal of existing workstations, design, installation, and provision of all necessary personnel, management, equipment, and facilities. The order will be issued as a firm-fixed-price FSS task order under the Multiple Award Schedule Program (41 U.S.C. § 152(3) and 40 U.S.C. § 501).

The justification cites GSAR 538.7104-3(b)(1)(ii) as the statutory exception, asserting that only one source is capable of providing the required products and services because they are unique or highly specialized. The new workstations must match existing furniture in form, fit, and function, specifically requiring Sterling Ash and/or Cherry Wood stain finishes, reconfigurable U-shaped and L-shaped desks, and matching hardware to maintain interchangeability across all NAVSUP office spaces. Market research was conducted pursuant to FAR Part 10, evaluating mandatory government sources including Ability One, GSA Federal Supply Schedule, and UNICOR, with results determining only UNICOR can provide the required supplies. The contracting activity concluded that procuring from alternative manufacturers would be impractical, cost-prohibitive, and infeasible given the timeline, as competitors would require permission to reverse-engineer existing furniture to achieve a precise match. The Contracting Officer will make a separate fair and reasonable pricing determination in accordance with DFARS 208.470(d).

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Item List for N00189QL351.pdf PDF
Small Business Coordination Record_Redacted.pdf PDF
Solicitation - N0018926QL351.pdf PDF

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Source Selection Information – See FAR 2.101 and 3.104

SSJ# 26-265

FSS SOLE SOURCE JUSTIFICATION (above SAT)

1. Identification of Requiring Activity and Contracting Activity.

This is a Sole Source Justification in accordance with GSAR 538.7104-3(b). The requiring activity is NAVSUP Fleet Logistics Center (FLC) Norfolk, Contracting Dept. The contracting activity is NAVSUP FLC Norfolk, Contracting Dept., Fleet Directorate.

2. Nature and description of contract action. This acquisition is conducted under the authority of the Multiple Award Schedule Program (Title 41 U.S.C. 152 (3) and Title 40 U.S.C.

501, Services for Executive Agencies). This sole source action is to be awarded as a new Federal Supply Schedule task order to Federal Prison Industries, a large business. The placement of a firm-fixed-price order is anticipated.

The action is considered a new requirement.

3. Description of Required Supplies/Services. The proposed acquisition is to replace existing workstations. It is intended to acquire, design, install and replace current workstations. The new workstations MUST match the existing workstations currently in other NAVSUP spaces. This requirement includes:

• Delivery and removal of existing workstations

• Design

• Installation

• The contractor shall provide all necessary personnel, management, equipment, and facilities.

• The required delivery date is 90 days after receipt of award.

• The IGE is $.

4. Identification of the Justification Authority and Supporting Rationale.

The statutory authority for this justification is the Multiple Award Schedule Program (Title 41

U.S.C. 152 (3) and Title 40 U.S.C. 501, Services for Executive Agencies), as implemented by

GSAR 538.71. The proposed requirement is to acquire workstations. The required items are particular to a certain manufacturer. The workstations being installed need to match the existing workstations provided and installed by the aforementioned manufacturer and dealer in accordance with NAVSUP FLC Norfolk’s furniture/workstation command standard. New additions can be made at a significantly lower cost since the new workstations will integrate seamlessly with the existing layout. Additionally, because the same manufacturers are being used, the Government can realize cost savings when reconfiguring the workstations as the piece parts are completely interchangeable, thus reducing the need to purchase all new items. The requisite office furniture must match in form, fit, and function of the Command Standard to include the Sterling Ash and/or Cherry Wood wood stain, reconfigurable U-shaped and L-shaped desks, and matching hardware in order to allow for reconfiguration and interchangeability within all NAVSUP Office spaces.

The statutory exception supporting the placement of an order exceeding the SAT on a sole source basis is:

GSAR 538.7104-3(b)(1)(ii) – Only one source is capable of providing the products, services, or solution required at the level of quality required because the products, services, or solutions are unique or highly specialized.

Due to the aforementioned reasons, it is not feasible from an economic or timeframe standpoint to procure these workstations from manufacturers other than what is currently installed. The requirement is for the workstations to match the existing ones in other NAVSUP FLCN areas.

Although other commercial sources and manufacturers could theoretically manufacture furniture in a generic sense, none would integrate effectively with the current design provided by Federal

Prison Industries unless a manufacturer was permitted to inspect the current workspaces and reverse engineer the existing furniture in order to produce a precise match, which would be impractical, cost prohibitive and also infeasible to meet the timeline required.

5. Determination of Fair and Reasonable Price . GSA has determined the prices of supplies, of the schedule contracts to be fair and reasonable for the purpose of establishing the schedule contract. Per DFARS 208.470(d), GSA’s determination does not relieve the ordering activity contracting officer from the responsibility of making a determination of fair and reasonable pricing for individual orders, blanket purchase agreements (BPA), or orders under BPAs.

Therefore, ordering activities are responsible to make a separate determination of fair and reasonable pricing for individual orders, BPAs, and orders under BPAs. The Contracting Officer will determine that the prices are fair and reasonable and will document such determination with a level of detail commensurate with the complexity and circumstances of each order. By placing an order against a schedule contract, the ordering activity contracting officer concludes that the order represents a fair and reasonable price and best value to the Government.

6. Description of market research among schedule holders and the results or a statement of the reason market research was not conducted. The requiring activity and contracting activity have conducted market research among schedule holders. The requiring activity and contracting activity have conducted market research among schedule holders. Market Research was conducted in accordance with FAR Part 10. All mandatory Government Sources were evaluated such as Ability One, GSA Federal Supply Schedule, and UNICOR. The market research determined that only UNICOR can provide the supplies needed in support of this action.

7. Any other facts supporting the justification. This procurement uses a GSA Federal Supply

Schedule and will be solicited and awarded in accordance with GSAR Subpart 538.71.

8. Actions the Agency may take to remove or overcome barriers to competition.

For the reasons set forth in Paragraph 4, the contracting activity has no plans at this time to compete future contacts for the types of supplies/services covered by this document. However, if another potential source emerges, the contracting activity will assess whether competition for future requirements is feasible.

Justification Number: 26-265

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

To the extent that the Justification value is > SAT and < $10M, the Contracting Officer’s signature below also represents approval of the Justification.

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