JA Sole Source FAR Part 13.5 (11 AUG 2021) LOAD BANK SOLE SOURCE redacted_Redacted.pdf

CUI/SP-SSEL

Control Number: DSC-J&A25-2010

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Army Contracting Command Redstone Arsenal (ACC-RSA), 9035 Ocean Drive Bldg. 10 Mail Stop 18, Corpus Christi, Texas 78419-5260.

2. Description of Action: This is a Firm-Fixed Price (FFP) contract for the replacement of a load bank for the generator test stand in support of the Directorate of Accessories and Rotor Blade Production, Rotating Electric Branch at the Corpus Christi Army Depot (CCAD). The Government projects award in Fiscal Year (FY) 2025 and will utilize Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: Replacement of the load bank currently installed on a Generator Test Stand. Period of Performance is twelve (12) months. Total estimated value of proposed action is $437,052.71.

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: Testek Solutions is the Original Equipment Manufacturer (OEM) of the test stand. The ATE++ software required for a load bank to interface with the test stand is proprietary to Testek Solutions, 28320 Lakeview Dr, Wixom, Michigan 48393-3157 (Cage Code: 06659). The test stand uses proprietary software to control the load bank and the drive. CCAD does not own a copy of the source code. Testek Solutions does not provide the source code to their customers. There are no authorized vendors who have access to the software in order to interface a load bank with the test stand.

6. Efforts to Obtain Competition: A Request for information was issued on SAM.GOV. The RFI was issued on 12 August 2024 and closed on 23 August 2024. One response was received; however, the vendor contacted the OEM and was informed that the OEM would not authorize the procurement of the software to any vendor.

7. Actions to Increase Competition: The Government will continue conducting market research via the internet and industry representatives to determine if other vendors become available to prove the required services.

8. Market Research: Market Research was conducted by , CCAD Engineering Technician, August 2024 and Contract Specialist ACC-Redstone Arsenal, August 2024.

The following techniques were used:

Discussions with knowledgeable persons in Government and/or industry were held:

contacted Paul Goudie, Testek Solutions Engineer, email exchanges 14 February 2024.

Contract Specialist issued a Request for Information (RFI) on SAM.GOV. The RFI was issued on 12

August 2024 and closed on 23 August 2024. One response was received; however, the vendor contacted the OEM and was informed that the OEM would not authorize the procurement of the software to any vendor.

9. Interested Sources: To date, no other sources have written to express interest. Notices required by FAR 5.201 shall be published. Any bids or proposal received shall be considered.

10. Other Facts: NA

11. Technical Certification:

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.

Technician

12. Requirements Certification:

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.

Chief, Equipment Engineering Division

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The basis for this determination will be price analysis in accordance with FAR 15.404-

14. Contracting Officer Certification:

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

Contracting Officer