sole source justification.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 4

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $750K > $750K and < $15M

Contracting Activity: 341 CONS

Purchase Request / Local ID Number: UFR

Program / Project (and PE, if applicable): Heat Plant Windows Upgrade

Program Type (PEO or Other Contracting):

Authority: AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $251,125 Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Date

22 Jul 2025

Contracting Officer

ERIK M. HALLBERG

PKB/632-4236

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

22 Jul 2025

Contracting Officer, Flight Chief

GEORGE A. STRAND

PKB/731-4677

Signature

HALLBERG.ERIK.MICHA

EL.1541286558

Digitally signed by

HALLBERG.ERIK.MICHAEL.1541286558

Date: 2025.07.22 10:31:12 -06'00'

STRAND.GEORGE.ALLA

N.1163161970

Digitally signed by

STRAND.GEORGE.ALLAN.1163161970

Date: 2025.07.22 12:24:23 -06'00'

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4

I. Contracting Activity.

341 Contracting Squadron Malmstrom AFB, MT

II. Nature and/or description of the action being processed.

Sole Source to ABB to provide windows software and software systems upgrades to the base's heat plant.

III. Description of supplies/services required to meet agency needs.

Provide all labor, materials, equipment, and incidentals necessary and required to perform all updates to the heat plant's systems as required by Malmstrom Air Force Base.

IV. Statutory authority permitting other than full and open competition.

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

ABB is the current company performing the work outlined within the Statement of Work. The software used within the Heat Plant is proprietary to ABB and many of the plant's systems are connected to systems already put in place by ABB. If a company other than ABB or one of its potential affiliates attempted to perform this work there is a risk that the Heat Plant's entire facility would require a shut down and complete system rebuild. This would jeopardize the operation of the plant, thus putting the base in jeopardy and potentially halting the base's mission.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A Sources Sought was posted to SAM.gov on 12 May 2025. During the 15 day duration two vendors responded, BHPE LLC and Datacules LLC.

- BHPE LLC did not provide a capabilities statement or sufficient evidence of their ability to fulfill the requirement. A request for a more in depth capabilities statement was sent but a response was never received.

- Datacules LLC provided a capabilities statement outlining the specifics of their company without addressing their plan to fulfill the requirement. A request for more detailed information was sent out. In response Datacules LLC confirmed that they are not a partner of ABB but intended on initiating correspondence to try and become a partner of ABB. They sent an email to ABB requesting a collaboration as a subcontractor but a response was never received.

An Intent to Sole Source the requirement was published on SAM.gov on 4 June 2025. Two companies responded, Intel Dynamics Corp and Dark Consultancy Private Limited.

- Intel Dynamics Corp provided a capabilities statement outlining the specifics of their company without addressing their plan to fulfill the requirement. A request for more detailed information was sent but a response was never received.

- Dark Consultancy Private Unlimited provided a capabilities statement that addressed the questions and requirements outlined in the statement of work. After further research into their company it was discovered that while they may be familiar with ABB systems, they are not affiliated with ABB or any of their channel partners.

Upon reaching out to ABB's account manager he confirmed that the company was not affiliated with ABB or its partners and didn't seem to be in any of their records. Therefore it was confirmed by ABB that Dark

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 4

Consultancy's work would not be honored by their company.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Research conducted through FPDS-NG produced 58 results for "ABB Software" three of which are listed below:

1. In February 2017 an ABB software contract was conducted by Energy, Department of Western-Sierra Nevada Region in the amount of $303,276.54.

2. In January 2016, an ABB software contract was conducted by Energy, Department of Western-Sierra Nevada Region in the amount of $277,735.6.

3. In November 2013, an ABB systems contract was conducted by the Department of the Navy in the amount of $91,285.92.

Based upon the market research of similar contracts for like items within industry, the contracting officer expects they will be able to determine that the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IAW FAR 8.002 (a)(1), market research was conducted using mandatory Government sources. However, AbilityOne, UNICOR, and GSA Advantage could not satisfy the requirement. Sole Sourcing through ABB, the proprietary owner of the heat plant's software, is the only means.

Four companies expressed interest in response to notices posted to SAM.gov, however none of the companies could provide capability statements addressing all points within the Statement of Work.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

ABB has specifically stated that it will not honor the work of outside companies. This would potentially void the current warranty provided by ABB which could jeopardize the plant's operation and the base's mission should any malfunction occur.

X. List of any sources that expressed, in writing, an interest in the acquisition.

The following sources expressed interest but failed to provide capability statements:

Datacules LLC, BHPE LLC, Intel Dynamics Corporation, and Dark Consultancy Private Unlimited.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

In the future, should the heat plant upgrade their current systems to allow for other software companies to operate the performance and function of the heat plant, the solicitation will allow for full and open competition or socioeconomic set-asides.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below.