MFR - Roof Modification 603-2 - CC - CO Signed.pdf

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

MEMORANDUM FOR RECORD

SUBJECT: Use of a Single Source below the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

A. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

B. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED

This is a memorandum for record to justify the use of other than full and open competition on the previously awarded contract to renovate the existing Computer Aided Instruction (CAI) Lab, Redbird and surrounding areas in B230 to prepare for the arrival of new T-1 simulators scheduled to arrive in September. Near the completion of the renovation of B230 to make the building T-1 simulator ready, the CAI Lab portion of began leaking, requiring the removal of the existing roof down to the roof deck, up to and including the seam between the CAI Lab and the rest of the facility, the flashing/membrane on all penetrations and curbs, and anything necessary to remove the existing roofing system in its entirety, and the replacement all roofing work necessary to ensure the area remains free from water intrusion to the greatest extent possible.

III. RATIONALE FOR SOLICITING FROM A SINGLE SOURCE OR BRAND NAME (select all that apply):

A. ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. RESTRICTIVE RIGHTS

The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

N/A

2. EXCLUSIVE LICENSING AGREEMENTS

The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

N/A

3. BRAND NAME

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

N/A

4. OTHER REASONS

The circumstances of the contract action demand that the Contracting Officer execute the contract due to an unusual and compelling urgency. The Government's needs for supplies and services is of such an unusual and compelling urgency that the Government would seriously be injured unless permitted to limit the number of sources and methods from which it solicits bids and proposals. The unusual and compelling urgency of this requirement precludes full and open competition and any resulting delay would result in serious injury to Air Education and Training Command (AETC) agency, Columbus Air Force Base which has the sole mission to train pilots. The need for this requirement is not due to the Government's lack of planning or inaction; but the result of conditions that occurred during the completion of the CAI Lab, Redbird renovation. The original contractor defaulted on the contract and 14 CONS had to identify and award a replacement contractor during an already short delivery time frame. As a result, time constraints make it impossible to compete this requirement without being able to proceed with the current contractor. The Contractor has submitted a proposal to the Government. The proposal has been deemed technically

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions acceptable and the Contracting Officer has determined that the price, which is less than Simplified Acquisition Threshold (SAT), is fair and reasonable. There will be a four (4) week extension to the period of performance.

B. UNUSUAL AND COMPELLING URGENCY.

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified.

2. Required delivery date/period of performance.

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

Contracting without providing for full and open competition or full and open competition after exclusions of sources is a violation of statute unless, permitted by one of the exceptions in FAR 6.302. IAW FAR 6.302-2, the services required are of an unusual and compelling urgency that if not permitted to limit the number of sources in which the Contracting Officer would otherwise be required to use for full and open competition, the Government would be seriously injured.

Prior to 14 CONS being notified that the CAI Lab portion of B230 required roof replacement, the Contractor was completing the renovation of CAI Lab and the surrounding areas. The delivery date for this aspect of the project was 7 August 2023.

Approximately 24 July 2023, after 14 Civil Engineering Squadron (CES) attempted to repair the roof, 14 CONS was notified of the need for complete roof repair/replacement. In order to avoid further delay to the Redbird simulator delivery and installation, o meet agency needs, and to avoid serious injury to the Columbus Air Force Base mission, it is necessary to limit the number of sources from which it solicits bids or proposals. Columbus Air Force Base is scheduled to receive eight (8) Redbird simulators for pilot training. Four (4) simulators are ready to be delivered; however, currently there is no space on the Base available for storage. These simulators have been delivery ready since February 2023. The additional four (4) simulators cannot be built until the first four are delivered. If the roof repair is not completed expeditiously, the Government will be seriously injured, at least 240 pilots at Columbus Air Force Base will be significantly delayed in pilot training. This requirement is necessary to prevent Columbus Air Force Base mission failure and to support Air and Education Training Command priorities.

Due to the urgency of this requirement, the contractor was issued a verbal notice to proceed (NTP) and the Base is already under contract for the roof repair, the delivery date is within 4 weeks.

IAW FAR 6.302-2(d), the subsequent modification using this authority shall not extend beyond one year.

4. If appropriate, include any additional pertinent information.

The renovation of CAI Lab, Redbird is a high visibility, high priority project required to support the sole mission of Columbus Air Force Base. 14 CONS was first notified of this urgent requirement on or about 24 July 2023. This justification will be posted on SAM.gov within 14 days of contract award.

IV. CONTRACTING OFFICER'S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Refer to FAR 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions

Typed Name and Rank/Grade of Contracting Officer Angela Busby-Blackburn, GS-13

Signature of Contracting Offficer

Note: This MFR is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisitions using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.

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MEMORANDUM FOR RECORD

SUBJECT: Use of a Single Source below the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

A. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

B. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED

III. RATIONALE FOR SOLICITING FROM A SINGLE SOURCE OR BRAND NAME (select all that apply):

The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified.

2. Required delivery date/period of performance.

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CONTRACTING OFFICER'S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Refer to FAR 5.102(a)(6) for the requirement to post the brand-name justification or documentation.

9.0.0.2.20120627.2.874785

Prior to 14 CONS being notified that the CAI Lab portion of B230 required roof replacement, the Contractor was completing the renovation of CAI Lab and the surrounding areas. The delivery date for this aspect of the project was 7 August 2023. Approximately 24 July 2023, after 14 Civil Engineering Squadron (CES) attempted to repair the roof, 14 CONS was notified of the need for complete roof repair/replacement. In order to avoid further delay to the Redbird simulator delivery and installation, o meet agency needs, and to avoid serious injury to the Columbus Air Force Base mission, it is necessary to limit the number of sources from which it solicits bids or proposals. Columbus Air Force Base is scheduled to receive eight (8) Redbird simulators for pilot training. Four (4) simulators are ready to be delivered; however, currently there is no space on the Base available for storage. These simulators have been delivery ready since February 2023. The additional four (4) simulators cannot be built until the first four are delivered. If the roof repair is not completed expeditiously, the Government will be seriously injured, at least 240 pilots at Columbus Air Force Base will be significantly delayed in pilot training. This requirement is necessary to prevent Columbus Air Force Base mission failure and to support Air and Education Training Command priorities.

Due to the urgency of this requirement, the contractor was issued a verbal notice to proceed (NTP) and the Base is already under contract for the roof repair, the delivery date is within 4 weeks.

IAW FAR 6.302-2(d), the subsequent modification using this authority shall not extend beyond one year.

III.B.4_Fill-in: The renovation of CAI Lab, Redbird is a high visibility, high priority project required to support the sole mission of Columbus Air Force Base. 14 CONS was first notified of this urgent requirement on or about 24 July 2023. This justification will be posted on SAM.gov within 14 days of contract award.