SOLE SOURCE JUSTIFICATION (007)_Redacted.pdf

Contracting Officer’s Determination

SOLE SOURCE JUSTIFICATION

FAR Part 13 Not Exceeding $250K Control Number: MICC WP-2021-13<SAT

1. Agency/Contracting Activity: Mission and Installation Contracting Command – West Point (MICC-WP)

2. Description of Action: Torque X-RACK Components

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds: Gift Funds

Name of Proposed Torque Fitness, LLC Contractor(s):

Street Address: 11201 Xeon St. NW, Suite 101 City, State, Zip: Coon Rapids MN 55448 Phone: (877) 867-7835

3. Description of Services or Supplies:

This is a new requirement for the purchase of Torque XRACK Components for the United States Military Academy Prep School (USMAPS) at the US Military Academy (USMA), West Point, NY. The fitness equipment is needed to add to the current stock of equipment currently being used by USMAPS. The total estimated value of the proposed action is $ .

The required Torque equipment is listed below:

XCREATE 4-MODEL STORAGE WALL, QTY 1

ATTACHMENT EXTENSION, QTY 5

3 DIMENSIONAL SWIVEL WITH MOUNT, QTY 2

ENDLESS ROPE DRUM, QTY 4

HEAVY BAG, QTY 2

COMMERCIAL SUSPENSION TRAINER C4, SINGLE UNIT, QTY 3

CABLE COMPONENT STATION, QTY 3

BATTLE ROPE, QTY 3

4 FT STORAGE RACK SIDE, QTY 2

BAR SUPPORTS, QTY 5

PLATFORM AND INSERT – 4 FOOT DEPTH WALL MOUNT RACK, QTY 5

HANGING MAT, QTY 10

4. Authority: FAR 13.106-1(b)(1):

For purchases not exceeding the simplified acquisition threshold (SAT), 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).

5. Reasons for Authority Cited:

a. This requirement is for the acquisition of fitness equipment in support of the United

States Military Academy Preparatory School's physical and military departments.

USMAPS requests the purchase of brand name equipment as listed above.

b. The statutory authority for items peculiar to one manufacturer is FAR 8.4056(a) (2), Limited sources justification and approval, FAR 11.105, items peculiar to one manufacturer, and DFARS 211.105, items peculiar to one manufacturer. FAR 8 .405-6 (a) (2) permits "restricting consideration-to an item peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer)" if "the particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products, or products lacking the particular feature, do not meet or cannot be modified to meet the agency's needs."

c. The Torque Fitness components required are consistent with the USMAPS current stock of equipment in terms of functional and performance characteristics. This Torque equipment matches our existing equipment and can only be used in conjunction with the equipment. Coaches are familiar with the proper function and care of current equipment. Changing to a different brand of equipment reduces uniformity and introduces additional safety and maintenance requirements. This equipment will allow the USMAPS organization to properly train and care for its personnel safely and effectively.

In this case the equipment has been determined to be highly specialized and needed for uniformity at the facility. Additionally, procurement of a different brand would result in having to replace and restructure the current facility utilization plan, thereby increasing the cost to the Government. Supplies may be deemed to be available only from the original source in the case of highly specialized equipment when it is likely that award to any other source would result in duplication of cost to the Government that is not expected to be recovered through competition.

d. This request is a continuation of contract W9I ISD-20-P-0137. All requested components from Torque are additional fixtures and devices that will be added to the Torque X-Rack System currently used by USMAPS. Torque is the only authorized vendor for the Torque X Rack.

6. Actions to Increase Competition:

Torque Fitness, LLC is the sole provider of Torque X-racks and strength training rigs to US Military Education Centers in the US. Torque Fitness, LLC is a small business.

7. Market Research:

Competition cannot be increased until there are multiple vendors who can provide the service requested. To date there is only one known source (see para #6).