LSJ_47QSWC25K0049_Flyer 72HD Vehicles_FSS DO_Redacted.pdf

CUI

full and open competition. In this case, the Government of the Czech Republic has requested specific items available only through a designated vendor, and the Contracting Officer has verified that the LOA fulfills the necessary conditions for a brand-name justification.

The manufacturer of the required items, Flyer Defense, LLC, confirmed on December 10, 2024, that MacGyver Solutions, Inc. is their sole authorized distributor—both on the open market and under the MAS Program—for all Flyer 72-HD vehicles. This confirmation was provided via a formal letter on Flyer Defense letterhead. MacGyver Solutions, Inc. sells these items under MAS Contract Number 47QSMA18D08QH.

There are not two or more small businesses that offer the required items on their MAS contracts.

Accordingly, this requirement will not be set aside for small businesses. The acquisition will be conducted under GSA Special Item Number (SIN) 336991: Wheel and Track Vehicles.

FAR 8.405-6(a)(1)(i)(B) applies when only one source is capable of providing the required supplies or services at the necessary level of quality due to the unique or highly specialized nature of those items. The items specified in the LOA are only available from MacGyver Solutions, Inc., and meet the specialized performance and quality standards required. Therefore, procurement from this sole source is justified under FAR 8.405-6(a)(1)(i)(B) and DFARS 225.7304.

In accordance with FAR 8.405-6(a)(2)(i), this Limited Sources Justification (LSJ) will be posted to SAM.gov within fourteen (14) days of award and will remain available for a minimum of thirty (30) days.

For the list of specific items covered under this procurement, reference Section III of this justification.

V. DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING

OFFICER THAT THE ORDER REPRESENTS THE BEST VALUE

CONSISTENT WITH FAR 8.404(d):

A best value determination will be conducted and documented prior to award. Additionally, prior to awarding the delivery order, the Contracting Officer will seek price reductions from MacGyver Solutions, Inc. under their MAS contract, 47QSMA18D08QH, in accordance with FAR 8.405-4. Any quote submitted by MacGyver Solutions, Inc. will be reviewed to ensure pricing and 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 services under Schedule contracts to be fair and reasonable. However, the Department of Defense (DoD) has issued Class Deviation 2014-00011, dated March 13, 2014, whereby the Contracting Officer is responsible for making a determination of fair and reasonable pricing for orders/BPAs using the proposal analysis technique outlined in FAR 15.404-1.

Because this requirement is limited to one source, the Government will be utilizing at least two

(2) methods by which to determine pricing submitted by MacGyver Solutions, Inc. to be fair and reasonable. These techniques include, but are 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.

VI. A DESCRIPTION OF MARKET RESEARCH CONDUCTED AMONG

SCHEDULE HOLDERS AND THE RESULTS OR A STATEMENT OF THE

REASON MARKET RESEARCH WAS NOT CONDUCTED:

Market research was conducted in accordance with FAR Part 10 to determine the availability of the items identified in the LOA. Market research revealed the requested items were not available through AbilityOne, UNICOR, or Interagency Contract Directory Portal. Market research revealed the required items were available on GSA Advantage! website under the MAS Program through MacGyver Solutions, Inc.’s MAS contract 47QSMA18D08QH. It was also discovered that MacGyver Solutions, Inc. is the only authorized distributor of Flyer Defense, LLC’s products on Schedule and open market.

VII. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

None.

VIII. A STATEMENT OF 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:

Until it is determined these required items no longer satisfy the terms of the LOA between the US Army and the Government of the Czech Republic, Flyer Defense, LLC must continue to be procured as a brand name through MacGyver Solutions, Inc.

To ensure compliance with the LOA and address evolving requirements, TACOM will actively evaluate potential other suitable items or contractors through ongoing market research and assess the changing needs of the Government of the Czech Republic.

TECHNICAL/REQUIREMENTS CERTIFICATION:

I certify that the facts and presentations under my cognizance, which forms a basis for this justification and its supporting acquisition documents, except as noted herein are complete and accurate to the best of my knowledge.

David Tipp Date Weapon System Manager

TACOM SAMD (AMTA-MSS-D)

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

The contracting officer has determined that the appropriate actions taken under this acquisition meet the conditions described in FAR 8.405-6(a)(1)(i)(B). The information contained in this justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Melissa Salvatore, Date Contracting Officer, Assisted Contracting Branch B (QSCBDA)

APPROVALS:

Dominic Lackey Date One Level Above, Assisted Contracting Branch B (QSCBD)

Carolyn Long Date Acting Director, Special and Assisted Contracting Division (QSCB)

Haven Wynne Date Deputy Director, Office of Contract Operations (QSC)

Jessica Conway-Ellis Date Operational Guidance Branch SME (QSA)

James T. Van Biber Date Senior Assistant General Counsel (LP)

Janet Schweer Date Acting, Competition Advocate (QSA)

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.

Jeff Lau Date Head of Contracting Activity (HCA)