SSJ_UBM-240_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 requirement is for the acquisition of all listed items provided in the Salient Characteristics document for the procurement of Ultimate Building Machine (UBM) -240 Equipment Parts for the 819th Red Horse Squadron.

The UBM-240 is a specialized piece of equipment for constructing expeditionary buildings, most notably K-SPAN buildings. High-speed construction of K-SPAN buildings is a core competency of the Red Horse enterprise and requires the UBM-240 for erecting the steel frames of the buildings.

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.

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.

M.I.C Industries Inc is the sole manufacturer of the Ultimate Building Machine comprehensive product line, including steel building machine, insulation, and coil transportation equipment, related spare parts, and software. Related spare parts are designed specifically for the for the UBM product line and are manufactured or modified to ensure optimal performance with the UBM systems.

Due to M.I.C Industries Inc being the only authorized support company for the UBM and the related parts, this requirement cannot be acquired form any other source. If these parts are not acquired, the UBM-240 will not be able to accomplish all requirements for high-speed construction and the squadron will be limited in capabilities in support of the mission.

3. BRAND NAME

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

4. OTHER REASONS

A Notice of Intent to Sole Source was posted on the Government Point of Entry (GPE) via SAM.gov on 08 July 2024 in order to allow for responsible sources to submit clear and convincing evidence that competition of this requirement would be advantageous to the government. The posting remained open for 15 calendar days with zero (0) responses received.

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.

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:

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.

Typed Name and Rank/Grade of Contracting Officer Contracting Officer

KAMIYAH J. PARKER, A1C, USAF

341 CONS, 406-731-4039

kamiyah.parker@us.af.mil

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

The UBM-240 is a specialized piece of equipment for constructing expeditionary buildings, most notably K-SPAN buildings. High-speed construction of K-SPAN buildings is a core competency of the Red Horse enterprise and requires the UBM-240 for erecting the steel frames of the buildings.

Due to M.I.C Industries Inc being the only authorized support company for the UBM and the related parts, this requirement cannot be acquired form any other source. If these parts are not acquired, the UBM-240 will not be able to accomplish all requirements for high-speed construction and the squadron will be limited in capabilities in support of the mission.