Sole_Source_Justification_-_FAR_13.5_-_Redacted.pdf

JA No. 17-013

Sole Source Justification Under the Authority of the FAR 13.5 Simplified Procedures for Certain Commercial Items

41 U.S.C. 1901

Justification for Sole Source under FAR 13.501

Authority: (10 U.S.C. 2304(c)(1) Project/Program Name: Sewing and Embroidery Services

Component/PEO/Other: COMNAVSPECWARCOM Estimated Contract Cost (including options): $ 1,000,000.00 .

Type J&A: (Individual or Class )

J&A No.

17 - 013

Obtained from Office Log or KA

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1)) Agency: USSOCOM

Contracting Activity: COMNAVSPECWARCOM

2000 Trident Way, Bldg. 624

San Diego CA 92115-5599

2. Description of Action: (FAR 6.303-2(b)(2)) The agency intends to establish a sole source, five year, firm-fixed price, indefinite-delivery, indefinite-quantity (IDIQ) type contract for embroidery and sewing services. IDIQ will be issued to Pacific Fleet Inc., dba LC Embroidery (CAGE: 1VJ60) of San Diego, California.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

Per FAR 13.501, post on FBO within 14 days after contract award, or within 30 if based on urgency (unless a 5.202 exception applies). If citing brand name post with solicitation.

The commercial services required are embroidery and sewing services on items and uniforms such as, but not limited to, Navy Working Uniform (NWU) Type II & III, to include pickup and delivery, and expedited delivery as needed. The basic IDIQ contract will establish a five year ordering period during which task orders may be issued for these services.

4. Authority Cited: (FAR 6.303-2(b)(4)) This sole source acquisition is being conducted under the authority of the simplified acquisition procedures for certain commercial items at 41 U.S.C. 1901, as implemented by FAR 13.501(a).

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

In order for a business to perform embroidery and sewing services on NWU II and III, businesses must have a Trademark License Agreement in place with the Navy Exchange Service Command (NEXCOM). Pacific Fleet is the only known business in the San Diego Area authorized to perform embroidery and sewing services on NWU’s as evidenced by the executed trademark licensing agreement dated 27 June 2010, modified 21 December 2016.

In order to confirm Pacific Fleet was the sole source capable of meeting the agency’s requirements, a sources sought synopsis was issued via the Federal Business Opportunities (FedBizOps) website in July 2017. Respondents were to send capability statements, inclusive of confirmation of Trademark License Agreement with NEXCOM, no later than 24 July 2017. Only Pacific Fleet responded to the sources sought synopsis. Under the interested party tab of the sources sought synopsis four (4) businesses were listed. All vendors were located outside the San Diego area; one vendor was located in Washington, D.C., one in South Carolina, one in New Jersey and one in Virginia. On August 03, 2017, the contract specialist attempted to contact all 4 businesses. Of the four vendors, one could not be reached and the remaining three (3) confirmed telephonically they did not have a NEXCOM Trademark License Agreement.

Based upon this information found in market research, the agency will proceed with a sole source award to Pacific Fleet.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6)) The notice will be posted with the solicitation as it cites a brand name.

A notice will be posted within 14 days of contract award (30 if based on urgency).

The notice was not publicized as required by FAR 5.2. If a notice was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was: .

NEXCOM controls the issuance of trademark license agreements and NSWC has minimal influence on the trademark license agreement process, restricting the ability to increase in competition. Prior to re-establishment of follow on contract, a new sources sought synopsis will be issued to determine the number of businesses in the San Diego area with a NEXCOM trade mark license. If multiple sources are available, the agency will compete future requirements.

Contact information for NEXCOM was provided to the three businesses able to be contacted that were listed under the interested vendor tab in FedBizOpps.

7. Market Research: (FAR 6.303-2(b)(8)) In order to confirm Pacific Fleet was the sole source capable of meeting the agency’s requirements a sources sought synopsis was issued via the Federal Business Opportunities (FedBizOps) website in July 2017. Respondents were to send capability statements, inclusive of confirmation of Trademark License Agreement with NEXCOM, no later than 24 July 2017. Only Pacific Fleet responded to the sources sought synopsis. Under the interested party tab of the sources sought synopsis four (4) businesses were listed. All vendors were located outside the San Diego area; one vendor was located in Washington, D.C., one in South Carolina, one in New Jersey and one in Virginia. On August 03, 2017, the contract specialist attempted to contact all 4 businesses. Of the four vendors, one could not be reached and the remaining three (3) confirmed telephonically they did not have a NEXCOM Trademark License Agreement.

8. Interested Sources: (FAR 6.303-2(b)(10)&(11)) Pacific Fleet Inc.

DUNS: 018784376 CAGE Code: 1VJ60

3200 N HARBOR DR

SAN DIEGO, CA, 92113

9. Other Authorities/Factors: (FAR 6.303-2(b)(9)) None.

10. Technical and Requirements Certification:

To be signed by the requiring activity at the O4/GS-13 level or above.

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7)) I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on analysis conducted per FAR 13.106 as supplemented by

FAR 15.4.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS THE

PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

21 AUG 2017

12. Contracting Officer Certification:

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

DATE: _________________

13. Legal: SOFARS 5601-1 I have reviewed this document and find the Justification legally sufficient to support other than full and open competition:

DATE: _________________

14. Procuring Activity Advocate for Competition: SOFARS 5601-1

I have reviewed this document and find the J&A adequate to support other than full and open competition:

____PAAC_______________

DATE: _________________8/11/2017

CONTRACTING OFFICER

11 AUG 2017

Associate Counsel

18 AUG 2017