JA Sole Source FAR Part 13.5 BIB redact_Redacted.pdf

CUI//SP-SSEL

Control Number: 26-018

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

2 JUN 2023

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: _

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

3 JUN 2023

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: 411th Contracting Support Brigade

2. Description of Action: The 819th RED HORSE Sq (819 RHS) requires a Firm-Fixed Price contract for the purchase & delivery of two Building In A Box (BIB) kits from MIC Industries Inc. There are no service or construction components required in this acquisition as all work after delivery will be completed by the 819 RHS. Operations and Maintenance Funds will be utilized for this purchase.

3. Description of Supplies/Services: The two Building In A Box Kits contain proprietary materials and assemblies specifically designed for exclusive use with the Ultimate Building Machine (UBM) they manufacture, and that 819 RHS must utilize to complete the construction project. Specific examples of components include coiled steel, roll-up doors, fittings, and channels.

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: MIC Industries utilizes proprietary materials & assemblies in their BIB system, which are specifically designed for exclusive use with the Ultimate Building Machine (UBM) they manufacture. The UBM is the required device used to produce K-Span structural construction material per DAFI10-209 RED HORSE PROGRAM, Attachment 3, Table A3.1. These proprietary components ensure that all aspects of the system meet rigorous quality standards and specifications, safeguarding the integrity & performance of the UBM. As the sole source for their machines, materials, & assemblies, MIC Industries does not have authorized resellers.

Furthermore, sourcing materials or assemblies from other vendors would compromise the quality, integrity, performance, & safety of UBM, as these would not align with MIC Industries' precise specifications.

6. Efforts to Obtain Competition: Requests for information have been submitted to the contractor to determine if the materials in this requirement are solely available from this source, or if there are other sources that MIC Industries authorizes to resell their materials and/or equipment.

7. Actions to Increase Competition: Market research was conducted, determining that the requirement is only available from a single source (MIC Industries) due to their proprietary nature and exclusive design. For more information, see next section (“8.

Market Research”). Therefore, no actions to increase competition can occur at this time.

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

4 JUN 2023

8. Market Research: Market Research has been conducted in accordance with FAR Part 10 to determine that the requirement is only available from a single source (MIC Industries) due to their proprietary nature and exclusive design. A search on FPDS-NG utilizing key words "Building In A Box" resulted in all similar or related contracts to be single sourced to MIC industries. No other source of materials would be usable for this equipment, and could potentially cause damage to the UBM, the material used, & the structure under construction, and would produce a facility that is unsafe for occupation for individuals and/or equipment.

9. Interested Sources: To date, no other sources have written to express interest. The notices required by FAR 5.201 shall be published, and that any bids or proposals received shall be considered.

10. Other Facts:

a. Procurement history.

(1) 3x identical contracts were awarded in the last calendar year: FA486125P0052 (2 Apr 25); FA462625P0036 (15 Jul 25); and FA489726P0011 (30 Jan 26). In each of these contracts, the 819 RHS made single-source selection fixed-firm price purchases of a Building-in-a-Box from MIC Industries Inc. to construct a K-Span facility.

(2) None of these contracts had competition.

(3) Authority previously cited: same exact as provided in Paragraph 4

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

(5) No prior contracts for this requirement have been accomplished using full and open competition.

(6) N/A: no unusual patterns that may be revealed by the history of these purchases, e.g., several consecutive, urgent buys.

(7) No changes since previous three justifications have been used.

b. Other facts. No further facts necessary to justify limiting competition that has not already been stated.

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.