Sole Source Determination Under SAT FAR Part 13 Procedures.pdf

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Notice of Intent UBM Maintenance Services
Solicitation number
W50S8R24R5038
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About this file

This document is a Sole Source Determination Memorandum under Simplified Acquisition Procedures for a federal contract opportunity.

The key details are:

  • The 179th Cyberspace Wing in Mansfield, OH intends to award a sole source, firm-fixed price order to M.I.C. Industries for a diagnostic review and evaluation inspection of an Ultimate Building Machine (UBM) 120. The government has determined that M.I.C. Industries is the sole provider and maintainer of this system.
  • Market research was conducted, which revealed that M.I.C. Industries is the sole manufacturer and servicer of the UBM equipment. Multiple sole source awards have been made to M.I.C. Industries for UBM services in the past.
  • The purpose of the requirement is to conduct a thorough evaluation and diagnostic review of one UBM 120 machine to compile a list of essential parts and repairs needed to restore the machine to optimal function.
  • The applicable NAICS code is 811310 with a $12.5 million size standard. Responses to the notice of intent are due by August 6, 2024 at 1:00 PM EST.

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Text version

Simplified Acquisition Procedures (SAP)

DETERMINATION MEMORANDUM FOR SOLE SOURCE ACQUISITIONS

OVER THE MICRO-PURCHASE THRESHOLD BUT NOT EXCEEDING

THE SIMPLIFIED ACQUISITION THRESHOLD

FAR 13.106-3(b)(3)(i)

SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. WHEN THE CUSTOMER DESCRIBES AN ITEM OR SERVICE, WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE DETERMINATION MUST EXPLAIN WHY

THE ITEM OR SERVICE PROVIDER IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT'S

REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. THIS FORM MAY BE USED IN LIEU OF THE DETERMINATION DESCRIBED IN FAR 13.106. THE CUSTOMER SHALL

PROVIDE THE FOLLOWING INFORMATION:

1.PURCHASE REQUEST NUMBER 2. ESTIMATED AMOUNT:

BRAND

NAME BUY

YES

NO

NAME/CAGE CODE OF PROPOSED CONTRACTOR Fund Type

O&M

NGREA

OTHER

3. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

4. UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH

THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED:

5. MARKET RESEARCH:

6. PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE

ACQUISITIONS ARE REQUIRED:

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 SUBJECT TO THE AVAILABILITY OF FUNDS

AND PROVIDED THAT THE SERVICES OR SUPPLIES HEREIN DESCRIBED HAVE

OTHERWISE BEEN AUTHORIZED FOR ACQUISITION.

7a. CONTRACTING OFFICER NAME 7b. CONTRACTING OFFICER SIGNATURE

fc-int01-generateAppearances:
_8b_ Contracting Officer Signa_0bSidIe1ipW-y3oKOPYKlw:
_8a_ Contracting Officer Name_EhfO5fRSaqoeOrU7Lx4ugw: Jeffrey C Snyder
_7_ PROVIDE A STATEMENT OF ACT_dWWFyKo3zgQ-e71MSrA2mA: The 179CW and 200RHS will continue to monitor market trends and conditions on future UBM requirements to ensure that actions are competed to the maximum extent practicable. This includes continuing to research new UBM requirements and contacting potential companies and/or posting notices of potential UBM requirements to SAM.gov.
_5_ PROVIDE A STATEMENT OF ACT_xMsHeIbKfGYdZx*NQZBzkg: Market Research was conducted using an Internet search for companies who could provide inspection and maintenance services for the Ultimate Building Machine (UBM). This revealed that MIC industries is the sole manufacturer and servicer. Additionally, an FPDS search for "UBM" located more than 10 DoD contracts awarded to MIC Industries on a sole source basis since FY 15, and provided no evidence that any service contracts for UBM were awarded to a company other than MIC. Furthermore, no evidence was found that showed UBM service requirements received a quote from a company other than MIC. Earlier this fiscal year 200RHS required the same services to be performed for a UBM located at Port Clinton, OH. On January 1, 2024 MIC Industries attested to being the only provider of maintenance and training on the UBM on a Sole Source Letter. A Sources Sought was posted to SAM.gov on April 25th for 5 days for the UBM requirement earlier this fiscal year to find sources to provide this service by a MIC Industries technician. No responses were received in regards to the posting. This resulted in the sole source award of W50S8R24PA006 to MIC Industries. For the current requirement to service the UBM in Mansfield, OH, a sources sought notice was posted from July 25th to July 30th. In response to this notice, two vendors submitted emails containing capability statements only, and did not state they could specifically meet this requirement. Emails were sent to both companies to confirm and no responses were received. Additionally, W9136418P7021 was previously awarded on a sole source basis to MIC industries for a diagnostic evaluation of a UBM.
_4_ UNIQUE CHARACTERISTICS THA_fxPS18NzthbsRqqrY5h47Q: M.I.C Industries is the sole manufacturer and provider of operations, maintenance, and training on UBM equipment. They own all intellectual property rights for their machines and have not provided licensing rights for another company to produce, sell, repair, or refurbish their products. Other companies do not have the proprietary rights to accurately or reliably perform diagnostic services on UBM machines to ensure proper functionality.
_3_ BRIEF DESCRIPTION OF SUPPL_UM33PhqLHArLIQSUjN*Zfw: Complete a thorough evaluation and diagnostic review of one Automatic Building Machine or Ultimate Building Machine® and Essential Equipment by a qualified M.I.C. Technician for up to 3 consecutive days. The UBM 120 that is to be serviced will be used in support of the future construction of K-Span buildings and will enhance mission readiness and construction capabilities. There are no known issues with the equipment and the intent of this requirement is for a contractor to compile a complete and detailed list of all essential parts and repairs needed to restore the machine to optimal function for mission readiness, should it be necessary.
Fund Type_edit;_vgmgoyByaX6rAkWYYmjkIw:
Fund Type_vgmgoyByaX6rAkWYYmjkIw: O&M
Name and CAGE code of Proposed_lW1Kx6QXH9C5bl0Mqo1Omw: M.I.C. Industries/0LFK3
Brand Name Buy_xnvHRHzmWAZDjTpbuUVc3g: No
_2_ ESTIMATED AMOUNT:_akGYMKSceUKLCvn4Y1b2tw:
_1_PURCHASE REQUEST NUMBER_h9vT5LXe**ASP7p7e0RWEg: F7RG014199AW01
2024-08-01T15:07:12-0400
SNYDER.JEFFREY.CHARLES.1401769265

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