Sole Source Justification - MAFR Shelter Tent - CO SIGNED.pdf

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

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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: 27 SOCONS / PKA

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): MAFR Shelter Tent Components

Program Type (PEO or Other Contracting): 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): $23,491.22 Justification Type: Class Individual

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

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Date Requiring Activity James Maynard

27 SOCES / CEF / 575-784-4852

Signature

X

Date Contracting Officer Josh Lee

27 SOCONS / PKA

Signature

X

APPROVAL (AFFARS 5306.304(a) )

NOTE: A signature block will appear here based on the funding level selected above.

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

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I. Contracting Activity.

27 SOCONS / PKA

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

Action - Celina Shelter Medium Tent components are to be procured due to an incident that occurred at the MAFR Shelter Tent. This requirement will be a brand name. Celina Tent Inc. was procured back in 2022 as a firm fix price contract. Below are the list of components needed for fix the shelter tent.

CELINA Tent Parts:

• MDS Body Fabric, Tan, 30'X 52'

• MDS End Wall Fabric, Tan, 30'

• Base Bar (Female); Dynamic Shelter

• Male Arch Half; Medium Dynamic Shelter

• Female Arch Half; Medium Dynamic shelter

• Purlin (Male); W/C: Assembly

• Purlin (Female); W/C: Assembly

• Base Bar (Male); W/C: Assembly

• Base Hinge (Left Corner); Medium Dynamic Shelter

• Base Bar (End Wall Corner); Medium Dynamic Shelter

• End Wall (Personnel Door Header); Medium Dynamic Shelter

• End Wall (Upper Vertical); Medium Dynamic Shelter

• Double Head Stake, 18" x 5/8"; Used to stake in the Pinnacle Base Plate

• X-Brace Strap, 2" wide; Medium Dynamic Shelter

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

Celina Tent Inc. will be providing components so that repairs can be made for a shelter tent that is located at MAFR.

The tent is used to house and protect two (2) fire department vehicles valued at $1.5M. Agency is supporting this requirement that is necessary for emergency response to the Melrose Air Force Range in the event of any occurrences, as well as, mission simulation.

The customer provided and expressed the brand CELINA to ensure proper fitment of parts without delay. The customer has also expressed that it is unknown and not guaranteed to fulfill the requirement if the agency chooses an 'or equal' product.

With current inclement weather conditions (to include tornadoes and heavy hail fall in the past two days), anything other than this brand would further risk emergency response times and lack of protection to government assets. It is in the government's best interest to award to the original manufacturer to ensure no unnecessary delays for the protection of $1.5M in government property.

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

10 U.S.C. § 3204(a)(1)

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

Shelter Tents for 27 SOCES / CEF was awarded to Celina Tent Inc. in 2022. Celina Tent Inc. provided us a Memo (attached) stating that they do not have any Authorized Reseller List. Furthermore, Celina mentioned that that engineered and designed the dynamic medium shelter system. The company mentioned that it is a unique system with protected components that are not manufactured by any other company, ensuring a perfect fit and seamless

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

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For example, Alaska Structures, makes a medium shelter that is also Quonset shaped. Their arches are made of 2x4 aluminum tubes. Celina's arches are made of an aluminum plate that is screwed together. The two different parts are not interchangeable.

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

There was a Sources Sought posted for 3 days. There were five (5) interested vendor's, one being Celina Tent Inc. Celina Tent Inc. provided a capability statement stating that it is the sole manufacturer and provider of components for Celina tents. Moreover, the CS contracted Celina Tent Inc to see if they had an Authorized Resellers List. Celina provided a Memo (attached) stating that they do not have any Authorized Resellers List.

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

A market survey was conducted for several components, but only two rendered pricing. The Double Head Tent Stake pricing through Beyond Tent reflected a pricing of $11.99 per whereas Celina Tent Inc. quoted us at 11.93. X Brace was searched and Central Tent indicated a price range from $92.00-$178.00. Celina Tent quoted us at $59.14 per. Celina Tent Inc. specializes in manufacturing tents and related components. Their expertise and experience in the industry guarantee the quality and reliability of the components needed for the repair. Utilizing components from Celina Tent Inc. will ensure the longevity and durability of the repaired tent, minimizing the risk of other components not manufactured by Celina Tent Inc.

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

To satisfy FAR 8.002 for Supplies:

Inventories of the requiring agency - There is none on hand Excess from other agencies - gsaxcess.gov was searched and no results for Celina tents and specific items that CEF is needing. (Filed in KT under MRR) Federal Prison Industries - Rendered only Tarps/Salvage Covers, Flame Retardant, which is not what this requirement is for.

Supplies which are on the Procurement List - AbilityOne resulted with zero results. (Filed in KT under MRR) GSA - The specific items for this requirement are not on a procurement list. GSA Advantage was search for Celina Tent.

CS looked into the catalog and did not see the specific items on the FSS price list.

Sources Sought was posted for 3 days through GPE to ensure the items required by the fire department must be comparable with Celina Tents. (5) Small Business vendors responded to the sources sought. It was further discovered that Celina is the sole manufacturer and provider of components for CELINA tents such as the Dynamic Medium Shelter, which we currently have. Moreover, Celina, engineered and designed the Dynamic Medium Shelter Tent with a unique system to protect components that are not manufactured by any other companies. Celina mentioned that it sells shelters and components direct to our customers such as US Government with the use of distributors.

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

It is in the Government's interest to procure components from Celina as we currently own Celina tents. The risk of going to other manufacturers will not guarantee the fulfillment of the agency's need to be compatible with the Dynamic Medium Shelter Tent, which is manufactured by Celina Tent Inc. Cost and time savings in Government administration for possibly soliciting twice and/or purchasing the incorrect/incompatible replacement parts.

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

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

Malmak Consulting LLC, Echelon 1 Solutions, BHPE LLC, and CAMSS Shelters expressed interest through the sources sought, but it was noticed that Celina Tent Inc. is the sole manufacturer and provider of components for Celina tents, which we currently have out at MAFR.

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.

Due to the innovation and specfic nature of these parts, agency will request that CELINA provides one or more of the following for future procurements in an attempt to overcome barriers to competition:

- Certification of other manufacturers

- An Authorized Reseller List

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.

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.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items March 2023 Page of International Agreement Competitive Restrictions (IACR) March 2023 Page of 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?

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Funding level for this acquisition:

Authority:

Justification Type:

COORDINATION ( AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

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APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the funding level selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

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

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

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

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

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

VII. Determination by the Contracting Officer 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.

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

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

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.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template

I. Contracting Activity. (FAR 6.303-2(b)(1))

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2))

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (FAR 12.207 and DFARS 212.207).

An individual Justification cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate Justification prior to option exercise or the Justification supporting the basic contract must be a Class Justification. For Class Justification situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class Justifications, by contract action), and the estimated delivery dates/periods of performance If commodities are being procured, provide quantities. All contract line items (CLIN) -- e.g., technical data, support equipment, support services, etc. -- should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the Justifications, those ancillary requirements cannot be included in the resulting contract and would require a second Justification. Also, state the type of appropriation (e.g., 3010, 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated Justification dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4)) V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority). (FAR 6.303-2(b)(5)) Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204) VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

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. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)] XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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