JOTFOC Fuel Berms Sole Source .pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 13.106-1(b) General Services Administration (GSA)

Federal Acquisition Service (FAS) Southwest Supply Acquisition Center (SSAC)

IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY

General Services Administration, Southwest Supply Operation Center, Special Order Program (SOP), located at: 819 Taylor St., Fort Worth, TX 76102.

NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This action is to document the justification and approval for an open market, Firm Fixed Price (FFP) Purchase Order (PO) for the procurement of nine (9) Steel Drive-in Containment Berms-Tri-Star Ops System, in support of the Unites States Army Maintenance Operations at Joint Base Lewis McChord (JBLM). The total estimated dollar value of the customer’s one-time purchase is $310,620. Only one source is capable of providing the supplies or services required at the level of quality required due to their highly specialized nature. The Tri-Star Ops Systems are the only containment systems that have a non-slip, rugged fiberglass coating with steel plate construction that has proven to not separate or crack under the extreme weight of our 978 HEMMT Fuelers.

Thus, it is determined that that the circumstances of the contract action deem only one source reasonably available as described in FAR 13.106-1(b)(1).

DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS

The total estimated dollar value of the customer’s one-time purchase is $310,620. Funding is being provided by the requesting agency through MILSTRIP requisition. This Justification for Other than Full and Open Competition supports the procurement of nine (9) Steel Drive-in Containment Berms, Tri-Star Ops Systems from Containment Corporation. Product description has been included in TAB 07 of the file.

Tri-Star Ops System, each consisting of the following:

Tri-Star OPS - Dim. 40' x 12' x 10"H, Cap. 2900 gallons System Includes - Trilinear drive-over sidewalls: 62 mil fiberglass protection. LOS Poles, 4 Drain Port, Steel Filter Box & Ball Valve. 1

"X" Ramp - 3ft-up/3ft-down, 10"H, - inside half integral to deck

IDENTIFICATION OF AUTHORITY AND SUPPORTING RATIONALE

The authority FAR 13.106-1(b)(1): Only one responsible source and no other supplies or services will satisfy agency requirement. The circumstances and rationale for limiting consideration to one contractor for award follows: the circumstances of the contract action deem only one source reasonably available.

JBLM 16th Calvary Brigade has purchased these systems in past years and through much research, and proven reliability, this company is the only one able to deliver to the requirement for quality, durability, and reliability.

The main factors that justify the restriction to this single vendor are as follows:

The fuel Berms provided by Tri-Star Ops Systems is Non-slip, rugged fiberglass coating with steel plate construction that has proven to not separate or crack under the extreme weight of the 978 HEMMT Fuelers.

Containment Corporation is the only company that manufactures the item that meets the customer’s requirements.

Based on market research, Containment Corporation is currently the only known source for this requirement.

DETERMINATION THAT THE ANTICIPATED AWARD WILL BE THE BEST VALUE

In accordance with FAR 13.106-3(a)(2), a statement of price reasonableness must be included in the contract file. A best value determination will be documented. Although this item is only available from one source, the CO has conducted a comparison of the price of this item and a similar item from ENPAC LLC a provider of fuel berms to Government customers. The price has been determined to be fair and reasonable. See Tabs 11 and 14 for further details.

DESCRIPTION OF THE MARKET RESEARCH CONDUCTED

GSA Advantage was surveyed. Market research revealed only one vendor currently offers the Tri-Star OPS - Dim. 40' x 12' x 10"H, Cap. 2900 gallons System and it is NOT included on their MAS contract GS-07F-0092T offerings. Based on the customer’s need, it was determined to be in the best interest of the Government to proceed with an open market purchase to Containment Corporation.

The contract file will include Market Research in Tab 07.

OTHER FACTS SUPPORTING THE USE OF THE JUSTIFICATION

Not Applicable.

STATEMENTS OF ACTIONS TO OVERCOME BARRIERS THAT LED TO THE

RESTRICTED CONSIDERATION

This is a limited source procurement. Market research has determined that the item is only available through one source, Containment Corporation. There is no way to overcome barriers for competition at this time.

CONTRACTING OFFICER CERTIFICATION OF ACCURACY AND COMPLETENESS

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Prepared By:

Nancy Seale Date Contract Specialist (QSCCBC)

Approved By:

Cynariah Ward Date Contracting Officer (QSCCBC)

1 Feb 2024

1 Feb 2024