JOTFOC 47QSWC23K0002-SAM.pdf

Justification for Other Than and Full and Open Competition (JOTFOC) – Miller Big Blue Arc Welder

*Accessories includes:

Welding Helmet-Buy American 280045 Insulating Gloves-Buy American 26339 ARC Welding Vest (Leather)-Buy American 273214 Safety Glasses w/side protection S-5685 Welding Cable,70 mm2 , DIA, 15M CAB-4/0-50C Electrode Holder w/Ground Clamp 208505 Lugs for 70mm cable LUG-3040 Cable Holder 43946 Cross-Chisel Chipping Hammer AT-G Wire Brush BRU-0932 Filter, Air Element Primary 192938 Filter, Air Element Secondary 192939 Filer, Oil Engine 067265 Filter, fuel spin-on 192744 Filter, fuel secondary 066217 Switch, Oil Pressure 195745 Sender, coolant 195746 Belt, Blower 067266 Fuse, mintr cer slo-blo 10A 250v 085874

This is a firm-fixed price, one-time delivery order. .

Funds are available for obligation within FY23.

4. IDENTIFICATION OF THE AUTHORITY PERMITTING OTHER THAN FULL

AND OPEN COMPETITION

This JOTFOC will document that the products/features of Miller welder product are essential to the Jordanian Government requirements. The authority to conduct this procurement is found in Subpart 13.5-Simplified Procedures for Certain Commercial Products and Commercial Services:

13.500(a)- “This subpart authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $7.5 million ($15 million for acquisitions as described in 13.500(c)), including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial products or commercial services.” The Miller arc welder, trailer and all accessories are commercial products based on the definition provided in FAR Part 2; as they customarily used by the general public, and Have been and continue to be sold to the general public.

FAR 13.501(a)(1) Acquisitions conducted under simplified acquisitions procedures are exempt from the requirements in Part 6. However, the Contracting Officer must:

Conduct sole source acquisitions only when justified in writing and approved at the specified levels. This document serves to provide the justification of a sole source only procurement.

Prepare sole source (including brand name) justifications using the format at 6.303-2 to reflect that FAR subpart 13.5 were used in accordance with 41 USC 1901. This document is formatted in accordance with FAR 6.303-2.

Make publicly available the justifications required by 6.303 in accordance with 5.102(a)(6). This document (redacted as necessary) will be posted with the RFQ on SAM.gov.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES THE USE

OF THE AUTHORITY CITED:

The requested item is being procured by the US Government in support of the Arms Export Control Act for Jordan. The required items are procured as specified by the LOA FMS that requires a specific brand name, part number. No other like and/or similar products will meet the needs of the requesting country.

Miller Big Blue Arc Welders are the manufacturer that meets Jordan’s requirements. A review of the GSA Advantage revealed that these items are currently unavailable on GSA Advantage!

Additional information regarding GSA Advantage advertisements is in the market research section of this document.

Therefore, given the Government’s unique requirements as specified in the LOA FMS Case with Jordan under the Arms Export Control Act (22 U.S.C. Chapter 39) and authority cited under FAR 13.5 and DFARS 225.7304, limiting items peculiar to one manufacturer is justified. No other like and/or similar products will meet the needs of the requesting country.

6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE, INCLUDING IF A

NOTICE WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2, OR EXCEPTION:

The required Miller Big Blue is the only brand capable of meeting the Government’s needs as defined by the LOA. Until it is determined that the arc welder no longer meets the Government’s needs this model must continue to be procured. To ensure the above requirement is met, TACOM will continue to evaluate the capabilities of other brands/models through continuing market research and changing needs of TACOM and Jordan. Continued efforts in this regard will ensure the Government utilizes the most efficient and economical provider.

Based on the market research conducted for this requirement as well as the last one conducted in March 2022, it has been determined that posting this to SAM.gov as a brand name only (Miller) products will provide the largest pool of potential vendors. At a minimum the following vendors have expressed interest are expected to quote:

Aviate Enterprise, Cross Texas Supply, Roy Smith Company Siegfried Consultants.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST WILL BE FAIR AND REASONABLE:

A best value determination will be documented. Prior to placing the order, the Contracting Officer will seek price reductions from any qualified vendor quoting the required Big Blue Arc Welder. Quotes will be reviewed to ensure that pricing and terms are in accordance with the quoter’s Multiple Award Schedule (MAS) contract.

The Contracting Officer anticipates the use of variety of price analysis techniques to substantiate price reasonableness of the items requested in the award decision document. These techniques included, but not limited to the following:

Requesting recent commercial and Government sales history Direct competitive pricing comparisons Making indirect pricing comparisons to:

o the same or similar items in the marketplace, o competitive published price lists, and o Independent Government Estimates.

8. DESCRIPTION OF MARKET SURVEY CONDUCTED AND THE RESULTS:

GSA conducted their own research, and the Contracting Specialist has determined that the mandatory sources of supply listed in FAR 8.002(a)(1)(i) through (v) cannot satisfy this requirement.

The CO emailed a Request for Information (RFI) the five (5) vendors adverting Miller products on GSA advantage to determine if the industry had changed since GSA awarded 47QSWC22P0003, in March of 2022. Two (2) vendors responded (Aviate Enterprise and Cross Texas Supply) to the RFI. Both vendors stated that they could provide the product but that the exact arc welder needed is an export version and is not on their MAS contract. Further, both vendors said they could supply the products if the solicitation was open market. This information conforms the market research and how the process of 47QSWC22P0003 was awarded.

The previous market research conducted for award 47QSWC22P0003 was done through a Sources Sought Notice published under GSA Category/Special Item Number 333992. The Notice produced zero (0) results. With no results, GSA’s CO called International Supplier, Granger, Cross Texas and Seva Technical. With the exclusion of International Supplier (who is not doing business with the government anymore) all vendors responded stating they had the capability to provide the Miller arc welder. However, after a Request for Quote (RFQ) was posted on GSA eBuy, it was determined that all vendors could not provide the export version from products on this MAS contract. Ultimately, the RFQ was posted to SAM.gov and awarded in March 2022.

9. OTHER FACTS SUPPORTING THE JUSTIFICATION

All facts supporting this justification have been provided above.

10. LIST OF SOURCES THAT EXPRESSED AN INTEREST IN THE ACQUISITION

Aviate Enterprise, Cross Texas Supply, Roy Smith Company Siegfried Consultants

11. STATEMENT OF ACTIONS TO OVERCOME BARRIERS OF COMPETITION

Although arc welders are manufactured by many different vendors, Miller Big Blue is the only brand capable of meeting the Government’s needs as defined by the LOA. Until it is determined that the Miller Big Blue Are Welder no longer meets the Government’s requirements, or a brand name is not specified in the LOA, these models must continue to be procured. To ensure the above requirement is met, TACOM will continue to evaluate the capabilities of other brands/models through continuing market research and changing needs of TACOM. Continued efforts in this regard will ensure the Government utilizes the most efficient and economical provider.

The Government will continue to search both the Internet for possible sources of supply in addition to synopsizing any intent to negotiate with a single source (including brand name only) for future requirements, thereby keeping industry aware that the Government is aware of no other sources for the required items.

12. TECHNICAL REQUIREMENTS CERTIFICATION

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

David Tipp, Weapon System Manager Date

TACOM/SAMD

TIPP.DAVID.LYL

E.JR.1234668214

Digitally signed by

TIPP.DAV D LYLE JR.1234668214

Date: 2023 06.27 11:21:10 -04'00'

Contracting Activity:

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

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

Jack Brothers Date Contracting Office Lar, rg SOe P (7QFAD)

JACK BROTHERS Digitally signed by JACK BROTHERS

Date: 2023.06.27 10:49:29 -05'00'