JA_RSS_Open Market_Signed_For Posting_Redacted.pdf

Government and the award notification will be issued to the awardee on September 28, 2021.

This justification seeks approval to procure the necessary open-market items on a sole-source basis from Sea Box, Inc. The open market items represent only a portion of the overall award.

DESCRIPTION OF SUPPLIES REQUIRED

This J&A is for the purchase of open-market items necessary for a complete solution for the purchase and set-up of relocatable simulation shelters as required by the Air National Guard (ANG) units at locations nationwide. The open-market items consist of the following:

SeaBox P/N SB3897.RSS.SS – Out of Cycle Site Survey Freight Travel

The total award value for this open-market portion of the requirement based upon estimated quantities is $350,442.00.

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) task 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 on the order.

The open-market items listed above have been evaluated in accordance with FAR Part

13.5 – Simplified Procedures for Certain Commercial Items. This J&A for the identified open-market items has been prepared in accordance with FAR 13.501(a)(1), sole source acquisitions. This justification is only to cover the portion of the acquisition that is considered to be open market. A justification has been prepared and approved use the format at FAR 6.303-2, modified to reflect the procedures in FAR 13.5.

DEMONSTRATION OF THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS TO PROVIDE THE REQUIREMENT

The awardee of the limited source BPA is Sea Box, Inc. The open-market items are being added to the agreement with the sole purpose of providing the ANG with a total solution. The open-market items were previously included in a Limited Source Justification (LSJ) that limited competition solely to Sea Box which will be posted to SAM.gov after the award of the BPA.

Although other sources may be capable of providing these Sea Box items on a stand-alone basis, these items are inseparable from the requirement that was awarded. If these items were to be awarded to a vendor other than Sea Box, Inc., substantial duplication of costs would occur. Additionally, the ANG would suffer delays with the proper set-up of the shelters inclusive of the required customizations because of coordination issues. Both occurrences would negatively affect the customer and significantly hinder their ability to meet their mission priorities.

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

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 Sea Box, Inc. under limited source procedures against their Multiple Award Schedule (MAS) contract, GS-07F-253AA. The Limited Source Justification (LSJ) authorizing this one source procurement was signed on September 15, 2021. In accordance with FAR 8.404, ordering activities shall not seek competition outside of the Federal Schedules or synopsize the requirement. As such, the requirement for the relocatable simulator shelters was not synopsized on SAM.gov. This J&A shall be posted separately to SAM.gov in order 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.

DETERMINATION ANTICIPATED COST WILL BE FAIR AND REASONABLE

TO THE GOVERNMENT

Pricing submitted by Sea Box for the out of cycle site survey was compared to historical pricing to determine this latest quote as fair and reasonable.

As such, price analysis and justification for open market freight will be conducted on a case-by-case basis at the order level. At the time that a call order is received from the customer, Sea Box will be notified by the Contracting Officer of the delivery location/relocation site 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.

Additionally, travel will be required for all RSS installation/relocation services. These costs were not included in the price of the set-up services listed on schedule as they were not allowed by the GSA MAS Contracting Officer. Upon receipt of a call order against the BPA, Sea Box will calculate estimated travel costs in accordance with the Federal Travel Regulation (FTR) based upon the named destination and set-up service. Sea Box will then provide a quote to the Contracting Officer for review. The estimated travel costs will be listed as open market on the call order. Sea Box will only be reimbursed for actual travel costs.

DESCRIPTION OF MARKET RESEARCH CONDUCTED

Market research was conducted via a search of the Interagency Contract Directory (ICD) database to identify all potential existing contracting vehicles which would be a viable solution for this requirement No solutions were identified with relevant search criteria.

Informal Internet searches were conducted to determine if other sources of supply existed for these items. No other sources of supply for Sea Box items could be found.

ANY OTHER FACTS SUPPORT THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

The justification for limiting competition to Sea Box, Inc. only in order to meet the need of the ANG for relocatable and customizable shelters was certified as complete by Jeremy Whitmore, 502nd Trainer Development Program Manager on September 14, 2021.

The certification of Mr. Kornreich extends to this justification as the part numbers have not changed and are still required in order to provide a total solution to the ANG. The difference is that instead of procuring the identified items off schedule, they will be procured via open market.

LIST ANY OTHER SOURCES THAT EXPRESSED INTEREST IN WRITING

No other vendors expressed interest in writing for this requirement.

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

REMOVE BARRIERS TO COMPETITION

Although other sources may be capable of providing these open-market items, 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 Sea Box, 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

ANG.

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that this supporting date under my cognizance, which forms a basis for this justification, are accurate and complete to the best of my knowledge.

CONTRACTING OFFICER CERTIFICATION

The Contracting Officer has determined that this justification meets the conditions described in FAR 13.501. The information contained in this justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

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