JA_47QSWC20K00844_Open Market Items (freight)_Redacted.pdf

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Acquisition Operations Division/Large SOP 819 Taylor St., Fort Worth, TX 76102

Requiring Activity: Air Force Civil Engineer Center (AFCEC), Requirements and Acquisition Division (AFCEC/CXA), Tyndall AFB, FL.

Acquisition PIID: 47QSWC20K0084 Description of Requirement: BPA Expeditionary Small Asset Protection (ESAP)

1A and 1B/Accessories Manufacturer(s): Dogwood Industries Procurement Vehicle/Category: Multiple Award Schedules (MAS)/336992

Period of Performance: One (1) Base Year with Four (1) One-year Options Estimated BPA Value: $ Estimated Open Market Value: $ (freight)

2. NATURE OF ACQUISITION BEING APPROVED

This justification seeks approval to procure the necessary open-market items (freight) on a sole-source basis from ADS, Inc. (Atlantic Diving Supply). The freight (outside the contiguous United States (OCONUS) represents only a portion of the overall award for the Expeditionary Small Asset Protection (ESAP) 1A and 1B/Accessories equipment. Further this justification is ancillary to the LSJ (not replacing it) that was already approved for the ESAP 1A and 1B/Accessories Equipment that is on a Multiple Award Schedule (MAS) contract.

The original ESAP-1B BPA was previously awarded against ADS, Inc.’s MAS Schedule, GS- 07F-358AA, in accordance with FAR 8.405-6(a)(1)(i)(B), One Source. The original LSJ was approved by GSA’s Head of Contracting on September 21, 2020, which was subsequently modified to add the ESAP-1A and accessories increasing the BPA value from $ to $ until a new contracting vehicle could be put into place. The Contracting Officer (CO) determined the addition of adding the ESAP 1A model and accessories would be within scope of the ESAP-1B BPA award. The ESAP-1A structure is the main shelter. The ESAP-1B structure is the reinforcement. Together they create a reinforced structure. Additionally, the CO determined the field of competition and signature authority remained unchanged as Dogwood Industries (the manufacturer of the ESAPSs and ADS’s distributor) is the only approved manufacturer listed on the Air Force’s Qualitied Products List (QPL) for the ESAP-1A and 1B

General Services Administration

Federal Acquisition Service (FAS), Large Special Order Program (SOP)

Justification and Approval (J&A) FAR 13.106-1(b)(2)

SOLE SOURCE ACQUISITION

(see table below):

CLIN Description Part Number 0001 Expedient Small Asset Protection (ESAP) 1B DOG-ESAP1B-4EXP 0002 Expedient Small Asset Protection (ESAP) 1A

Complete

OFB-RD-ESAP1A

*0003 Expedient Small Asset Protection (ESAP) 1A Structure Only

OFB-RD-ESAP1A-4EXP-

STRUCT

*0004 Installation Accessory Kit OFB-RD-ESAP1A-4EXP-ACC *0005 Earth Anchor Kit OFB-RD-ESAP1A-4EXP-EAP *The ESAP-1A (CLIN 0002) includes the sub-assemblies (CLINS 0003-0005), which may also be ordered individually.

3. DESCRIPTION OF SUPPLIES REQUIRED

This J&A is for the purchase of open-market freight necessary for a complete solution for the purchase of Expeditionary Small Asset Protection (ESAP) 1A and 1B/Accessories as required by the Air Force Civil Engineer Center (AFCEC) units at locations worldwide.

The open-market item consists of the following:

Freight

The total award value for this open-market portion of the requirement based upon estimated quantities is $ which is 9% of the total estimated value of the BPA which is $

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

FULL AND OPEN COMPETITION

For administrative convenience, an ordering activity Contracting Officer may add items not on the Federal Supply Schedule (also referred to as open-market items) to a Federal Supply Schedule (FSS) blanket purchase agreement (BPA) or an individual task or delivery order under FAR 8.402(f) only if all applicable regulations are followed, the price is determined fair and reasonable, items are labeled as open- market on the order, and all applicable clauses are included in the order.

The open-market items listed as freight above has been evaluated in accordance with FAR Part

13.5 – Simplified Procedures for Certain Commercial Items. This J&A for the identified open-market freight has been prepared in accordance with FAR 13.106-1(b)(2), sole source acquisitions. This justification is only to cover the portion of the acquisition that is open market.

Previously the J&As were prepared at the order level because it was not known if the overall aggregate open market costs would exceed the Simplified Acquisition Threshold (SAT) and require a justification be posted. However, the Government has enough historical data at this point to accurately estimate the open market freight costs and for the efficiency and convenience of the Government, a single J&A for the open market freight costs is being prepared.

It is anticipated that freight pricing will still be analyzed and negotiated at the individual call order level to determine pricing fair and reasonable.

A justification had been prepared and approved use the format at FAR 6.303-2, modified to reflect the procedures in FAR 13.5 at the call order level.

5. DEMONSTRATION OF THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS TO PROVIDE THE REQUIREMENT

The awardee of the limited source BPA is ADS, Inc. The open-market item is being added to the agreement with the sole purpose of providing the AFCEC with a total solution.

Although other sources may be capable of providing these “open-market” freight, substantial duplication of effort and costs would occur if this “open-market” portion is solicited for each call order on a competitive basis. Additionally, the AFCEC would suffer delays with the proper set-up of the shelters because of coordination issues. This occurrence would negatively affect the customer and significantly hinder their ability to meet their mission priorities.

The items themselves are within the scope of ADS Inc’s MAS contract and are not separable from the total solution. Therefore, the only source capable of providing the open-market freight efficiently and in the best interest of the Government is ADS, Inc.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERORS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY SUBPART 5.2 OR IF AN EXCEPTION UNDER 5.202 APPLIES

The BPA was awarded to ADS, Inc. under limited source procedures against their Multiple Award Schedule (MAS) contract, GS-07F-358AA. The Limited Source Justification (LSJ) authorizing this one source procurement was signed on September 21, 2020. In accordance with FAR 8.404(a), ordering activities shall not seek competition outside of the Federal Schedules or synopsize the requirement. As such, the requirement for the ESAPs was not synopsized on SAM.gov. This J&A shall be posted separately to SAM.gov to satisfy the publicizing requirement of FAR Part 5 for the open-market items.

In accordance with GSA Acquisition Letter V-09-02 and FAR 6.305, this justification for sole source acquisition will be posted to SAM.gov website within fourteen (14) days of award and will remain posted for a total of thirty (30) days.

7. DETERMINATION ANTICIPATED COST WILL BE FAIR AND REASONABLE

TO THE GOVERNMENT

Price analysis and justification for open market freight will be conducted on a case-by-case basis at the call order level. At the time that a call order is received from the customer, ADS, Inc. will be notified by the Contracting Officer of the delivery location and shall have three (3) business days to provide three (3) freight quotes the Contracting Officer. The Contracting Officer will conduct a price analysis of the three (3) provided freight quotes to determine the quoted freight cost submitted by the awarded contractor to be fair and reasonable. The freight costs will be listed as open market on the call order.

8. DESCRIPTION OF MARKET RESEARCH CONDUCTED

Freight is within scope of the BPA and not separable from the total solution without invalidating the solution.

9. ANY OTHER FACTS SUPPORT THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

None.

10. LIST ANY OTHER SOURCES THAT EXPRESSED INTEREST IN WRITING

No other vendors expressed interest in writing for this requirement.

11. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE BARRIERS TO COMPETITION

Although other sources may be capable of providing this open-market item, substantial duplication of costs would occur if this open-market procurement is conducted on a competitive basis. The only source capable of providing the open-market item efficiently is ADS, Inc. and is in the best interest of the Government. At the time of option exercise, the BPA will be reviewed in order to determine if it is still the best value to the Government.

Additional market research will be performed by the Contracting Officer to determine if any additional products are available that could possibly meet the need of the AFCEC.

12. TECHNICAL/REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in this justification, is accurate and complete to the best of my knowledge and belief.

Acquisition Program Manager Air Force Civil Engineer Center Airbase Technologies Branch Tyndall AFB, FL.

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

The contracting officer has determined that the appropriate actions were taken under this acquisition meet the conditions described in FAR 13.106-1(b)(2). The information contained in this justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Contracting Officer, Large SOP (QSCBDA)

APPROVALS:

One Level Above Contracting Officer (QSCBDA) Date

Branch Chief, Large SOP (QSCBD) Date

Assistant Regional Counsel (LD7) Date

Competition Advocate (QSC) Date

Director, Special and Assisted Contracting Certification

I, the approving authority, determine that the circumstances identified in this document are accurate; therefore, limiting competition to one source under FAR 13.106-1(b)(2) is justified.

The signature below also represents approval of this Justification and Approval.

Director, Special and Assisted Contracting (QSC) Date Federal Acquisition Service