IVP_JA_Sole Source_Redacted.pdf

-1- MICC-West Point 8/22/2018

Contracting Officer’s Determination

SOLE SOURCE JUSTIFICATION

FAR Part 13 Not Exceeding $150K

1. Agency/Contracting Activity: MICC – West Point

2. Description of Action: Anti Covid-19 Air Filtering System

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds:

3. Description of Services or Supplies:

The U.S. Military Academy Band is requesting a contract to procure three (3) units of Anti Covid-19 Air Filtering System, also known as Biodefense Indoor Air Protection Filter Technology.

The total estimated value of the proposed action is $31,500.00

This is a sole source justification in the matter of a contract solicitation to procure from Integrated Viral Protection, LLC (IVP) a Biodefense Indoor Air Protection Filter System.

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)

5. Reasons for Authority:

A Dynamic Small Search conducted reveals nine (9) small businesses under NAICS 333413.

However, the products description do not meet the need of this requirement. Therefore, Integrated Viral Protection, LLC (IVP) is the only source that can provide the Biodefense Indoor Air Protection System requested by the United States Military Academy (USMA) Band.

Cited: Background:

The USMA Band is a group whose mission requires forced exhalation, which has a high risk for ejection of potentially disease carrying aerosols. Diminished respiratory health from such diseases risks mission readiness of the other members of the band. At present, the biggest concern is Covid-19, which can have lingering effects on the lungs and other

-2- MICC-West Point 8/22/2018 organs. While a vaccine will diminish this risk with time, other illnesses such as flu and colds will continue to be a risk especially when practicing indoors in close proximity to others as the band must do. As a result, investing in a system to reduce disease transmission between performers has long term value. The proposed portable system removes aerosols from the air reducing the concentration of them in the space but also creates an air pattern where the clean air comes from above and moves downward through the musicians breathing zones to the pick-up point near the floor which will curb the direct movement from breathing zone to breathing zone. The portability of the units will facilitate its use at performance venues as well as the practice rooms at the band building.

While some instruments can use a cover over the discharge (trumpet, trombone, etc.) and are used at some performances, others such as flutes cannot use such covers. These covers are also perceived by the musicians to impact the sound quality.

Alternatives:

There are no alternatives to this system. IVP submitted a statement to confirm that IVP owns the intellectual property and is the only authorized company to market, sell and distribute their line of products. These products must be purchased directly by institutions from IVP.

(Statement uploaded to PCF)

Impact:

If the requested items are not procured, it will risk mission readiness of members of the band. This request contract for purchase of Three (3) units of Anti COVID-19 Air Filter System for USMA Band facilities ensures a safe working environment for USMA Band Soldiers. This equipment will be installed in the band facilities in order to mitigate the risk of COVID-19 spread.

6. Actions to Increase Competition:

A Special Notice indicating the Government’s intent to issue a sole source award was posted to beta.sam.gov on 7 January 2021. The notice closed on 15 January 2021. No reply were received in response to this notice.

a. Sufficient market research has been conducted appropriate to the circumstances.

b. Market research supports issuing this solicitation on a sole source basis.

c. IAW FAR 19.502-2 (b) and IAW FAR 19.203 (c), consideration has been given to use of small business concerns. There is no expectation that there will be two responsible small business concerns available to supply the requested product.

7. Procurement History:

Previous Purchase Order(s) or Contract(s): No If "Yes", for each purchase order or contract provide:

Purchase order or contract number: N/A If action was not competed, state the cited authority, summarize rationale:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold

-3- MICC-West Point 8/22/2018

(SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization.

8. Fair and Reasonable Price Determination:

As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination: One or more of the price analysis techniques listed in FAR 13.106-3(a)(2) will be used.

9. Contracting Officer’s Approval:

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: DATE:

NAME: KYMBERLY AVILES

TITLE: Contracting Officer