LSJ_47QSWC24K0012_EECU BPA_Redacted.pdf

Limited Source Justification: AFLCMC BEAR EECU BPA

IV. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

This acquisition was conducted under the authority of the Multiple Award Schedule (MAS) Program. The primary statutory authorities for MAS are Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251 ET SEQ), and Title 40 U.S.C. 501, Services for Executive Agencies.

This acquisition will be procured against the MAS under GSA Category 333415HVAC. FAR 8.405-6(a)(1)(i)(B) applies when procuring items from only one capable source:

(1) FAR 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

The present requirement for BEAR can only be met by the EECU, Part Number E2CU60K3208 which was approved by the BEAR Sustainment program in 2023 for use in a Chemical, Biological, Radiological and Nuclear (CBRN) threat environment. Currently, it remains the sole product recognized by the government to meet this specific requirement.

The BEAR Sustainment Program is currently fleeted with of Mainstream Engineering’s EECU, part number E2CU60K3208. The BEAR Sustainment program presently has funding for an additional EECU units planned through FY28.

MEC certified they are the only authorized manufacturer and distributor of the EECU, Part Number E2CU60K3208, currently under GSA contract and in the open market. MEC sells the required item via their MAS Contract, 47QSWA22D0099 (ultimate contract end date September 7, 2042).

As the sole manufacturer and distributor, MEC has attested the following:

They are able to provide better support (technical and otherwise) directly to the customer.

This also allows MEC to manage the entire logistic supply chain more efficiently allowing for much quicker response time to customer demand.

Mainstream Engineering Corporation can ship this product 80 days after receipt of order.

As the sole manufacturer and distributor, in the event of a spike in demand or an emergency request, they are better able to improve on delivery schedule.

Finally, by streamlining the distribution chain, MEC would eliminate the additional costs added by secondary distributors.

To field a new EECU would require the design of a new CBRN testing chamber which would significantly increase first article testing costs. The client has estimated a new chamber to be designed to accommodate a new EECU would be more than As such, any new development to qualify an EECU for use of the BEAR Sustainment program with the present requirement for CBRN compliance would cost an estimated or more for first article testing and development of technical orders. This cost represents increase compared to prices paid in September 2020.

Based on the above, MEC is uniquely qualified to meet the Government’s requirements.

Therefore, the circumstances and rationale for limiting consideration to MEC for award are in accordance with FAR 8.405-6(a)(1)(i)(B) - Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Therefore, given the requirements cited FAR 8.405-6(a)(1)(i)(B), procuring from one source is justified.

V. Determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

The best value determination will be conducted and documented prior to award. By awarding a BPA against a Schedule contract using the procedures in FAR 8.405, the ordering activity has concluded the BPA represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Any quote submitted by MEC will be reviewed to ensure pricing terms are in accordance with their MAS contract.

In accordance with FAR 8.404(d) Pricing, GSA has already determined the prices of the supplies and fixed-price service under Schedule contracts to be fair and reasonable. However, the Department of Defense (DoD) has issued Class Deviation 20014-00011, dated March 13, 2014, whereby the Contracting Officer is responsible for making a determination of fair and reasonable pricing for BPAs using the proposal analysis techniques outlined in FAR 15.404-1. Because this requirement is one-source, the Government will be utilizing at least two methods by which to determine pricing submitted by MEC to be fair and reasonable. These techniques include, but not limited to, the following:

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

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

VI. DESCRIPTION OF MARKET RESEARCH CONDUCTED:

Market research was conducted in accordance with FAR Part 10 to determine the availability of products capable of meeting the Government’s requirement. Market research revealed the EECU’s were not available through AbilityOne, Unicor, Green Procurement Compilation or Interagency Contract Directory Portal. Market research did reveal the required EECU were available on GSA Advantage website under the MAS Program.

MEC is the only contractor capable of meeting the Government’s needs. In the interest of promoting competition, a Request for Information (RFI) RFQ 1668571 was posted to GSA eBuy on 11/29/2023 for 30 days. The RFI provided the EECU part number that must be provided without substitute and requested potential offerors to submit their capability to provide the specific part. The posting provided industry the opportunity for a 30-minute industry call (one-on-one) with GSA. To date, no other vendor has expressed interest in the EECU requirement other than MEC.

In addition, the Government published a synopsis of the Government’s intent to solicit and negotiate with only one source. This notice, 47QSWC24K0012, was published to SAM.gov on 01/22/2024, closed on 02/05/2024. No responses were received to the Government’s intended acquisition strategy.

VII. Any other facts supporting this justification:

All facts supporting this justification have been provided above.

VIII. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

MEC is currently the only source capable of meeting the Government’s needs. Until it is determined that MEC no longer meets AFLCMC requirements, this part will be procured from MEC. To continue the process of overcoming barriers to competition, AFLCMC will continue to evaluate the capabilities of other vendors through continuing market research and any changing needs of AFLCMC. 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 for future requirements, thereby keeping industry aware that the Government is aware of no other sources for the required part number. Additionally, this justification will be posted to SAM.gov within fourteen (14) days of award for a minimum of thirty (30) days in accordance with FAR Subpart FAR 8.405-6(a)(2)(i).

IX. TECHNICAL/REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in this justification, is accurate and complete to the best of my knowledge and belief.

Logistics Manager Air Force Life Cycle Management Center Basic Expeditionary Airfield Resources Robins AFB, GA

APPROVAL AUTHORITY CERTIFICATION

I, the approving authority, determine that the circumstances identified in this document are accurate; therefore, limiting competition to one source under FAR 8.405-6(a)(1)(i)(B) is justified. The signature below also represents approval of this Justification and Approval. The HCA has delegated signatory authority to the CE.

Date

Contracting Executive (QSC)