Tab 1. SSJA_MDG CBRN Filters (fully approved)_Redacted.pdf

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

CONTROLLED UNCLASSIFIED INFORMATION

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I. Contracting Activity.

39th Contracting Squadron, Incirlik AB

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

This requirement will be awarded as a part of a new firm fixed price contract.

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

This requirement is for the purchase of 59 replacement SF-10RAD, 600 CBM, CBRN (Chemical, Biological, Radiological, Nuclear) Collective Filters.

Unit cost is $ for a total price of $

The existing filters have an end of life of December 2025. Estimated delivery date is 30 November 2025. Installation of the filters will be arranged by 39 MDG and will not be covered under this contract. This requirement will be procured using 3400 funds.

The Medical Treatment Facility (MTF) at Incirlik AB is one of two MTFs in the Air Force designed to be sealed and operational during CBRN attacks. In order to be functional in contingency operations, the MTF require specific CBRN Collective Filters to maintain this capability.

These filters are commercial products, as air filters are commercially available items for both small-scale and large-scale ventilation systems. This notwithstanding, the CBRN filters required by 39 MDG were specifically modified to meet Federal Government needs of providing CBRN protection to the MTF while being compatible with the inlets of 39 MDG's Collective Protection (COLPRO) system. Ergo, since the entire system is custom-built, modifications of a type to the filters were required to meet the Government's needs. Nevertheless, IAW FAR Part 2, Commercial Product definition, par. (3)(ii) includes, "Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process." Since these items are used to act as air filters within the COLPRO system, and since only physical dimensions and port layouts differ from other commercially-available products, Shalon-Chemical filters are commercial products which were modified to fit into a larger system without altering their purpose or technical function.

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

DAFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901(e)(2), as implemented by FAR 13.501(a)(1) acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part 6.

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

Due to the unique design of the 39 MDG's COLPRO system, only custom-made CBRN filters manufactured by Shalon- Chemical are compatible, commercially available, and meet the government's minimum needs.

39 MDG is one of two MTFs in the Air Force designed to be sealed and operational during a CBRN-type attack. This highly-specialized requirement creates a significant limitation to promoting competition. 39 MDG's current COLPRO system was installed by Emta Insaat A.S. under contract number W912GB-09-D-0069. However, the CBRN filtration system was designed and manufactured by Shalon-Chemical Industries, a subcontractor to Emta Insaat A.S.

The CBRN filters required for the intended use of the COLPRO system are specifically designed, calibrated, and factory

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

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Because the system was custom-built by Shalon-Chemical for the 39 MDG MTF, only that company's filters are compatible. These filters have unique features not found in comparable products (see section VI below).

Furthermore, Shalon-Chemical does not authorize third-party design, manufacturing, or calibration of the CBRN filtration system or its components. Procuring certified filters ensures seamless integration and mitigates the risks of using an untested filter in a critical protective infrastructure. Usage of incompatible filters needlessly endangers the lives of military and civilian personnel occupying the medical facility during a chemical attack scenario, which is an unacceptable risk to the Government.

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

Since 39 MDG is one of two MTFs in the Air Force designed to be sealed and operational during CBRN attacks, 39 MDG contacted the one other USAF COLPRO site to determine to find out who manufactured their system. That MTF, located in Osan Air Base, Korea, uses a filtration system manufactured by Shalon-Chemical Industries as well.

39 MDG reached out to the USAFE Office of the Command Surgeon for assistance in locating another vendor to manufacture the filters. The Medical CBRN Analyst within the USAFE Office of the Command Surgeon was unable to locate other vendors capable of manufacturing filters meeting the required specifications stating, "Through market research we were unable to determine another source per the filter specification."

39 CONS conducted market research of the local market to determine if vendors were available to source the filters. A sources sought was sent via email on 21 Mar 25 to five local vendors within Türkiye. The sources sought included the technical specifications of the filters, weight, dimensions, and photos of the current filters. Three responses were received.

The filters provided by Vendor A and Vendor B were ARCONIK Model ATMAS AFU-1800 filters. The technical literature provided for these filters were reviewed by 39 MDG and were determined to be unacceptable due to different physical dimensions, inlet and outlet pipes are different sizes, inlet and outlet connections are at a different height, the height of the cylinder is taller, the diameter is smaller, and the feet on the bottom of the filters are different and would be required to be secured differently.

Vendor C was found unacceptable because the vendor restated the Governments technical specifications and did not provide any technical solution for the replacement of the filters.

As a result of the technical evaluation performed on 27 March 2025, the alternative filters offered possess different physical dimensions and performance characteristics, rendering it incompatible with 39 MDG's existing COLPRO system. Utilizing an alternative filter would necessitate a redesign of the COLPRO system, estimated to take 8 months and cost upwards of $1.4M to modify the existing piping network, install the new filter, and conduct requisite flow testing and system commissioning.

Additionally, the current CBRN Collective filters have an estimated shelf life of December 2025 and will need to be replaced prior to that date. It will take an estimated 6 months from the time the order is placed to manufacture the filters. Additional delays pose a significant risk to 39 MDG's capability to function in a CBRN environment.

Additional market research is not likely to yield viable sources as 39 MDG, in conjunction with the USAFE SG/SGP, has conducted extensive market research since July 2024 into finding potential sources for these filters. 39 MDG's market research was appropriately supplemented by 39 CONS as stated above.

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

Procuring a direct replacement from Shalon-Chemical Industries represents the most cost-effective solution. The alternative filters cited in Block VI above, adapting the system to accommodate a different filter would incur significant expenses related to design, construction, testing, and commissioning. These costs substantially outweigh the procurement cost of the Shalon-Chemical Industries filters.

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

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Furthermore, market research shows alternative vendors' estimated costs are twice as high as Shalon-Chemical Industries. I am anticipating that the price will be fair and reasonable based on a comparison of proposed prices with prices obtained through market research for similar items.

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

Pursuant to FAR Part 10, market research was conducted via e-mail among five responsible local (Türkiye) vendors on 21 March 2025 with a response due date on 26 March 2025. Technical specifications provided by 39 MDG were sent to the vendors as part of a sources sought. Dimensions, weight, and photos of the current filters were provided to all five vendors. Only three vendors submitted technical literature in response to the sources sought. Redacted copies of the technical data of the offered products were submitted to the requirement owner for technical evaluation on 26 March 2025. Technical evaluation was conducted on 27 March 2025.

Additionally, market research was conducted by 39 MDG, in conjunction with the USAFE SG/SGP, which included contacting the only other MTF with a COLPRO system to determine availability of alternative sources - those efforts uncovered that Shalon Chemicals manufactured their COLPRO system as well.

Market research results revealed upon the technical evaluation of the offered products that no vendor was able to offer a direct replacement to the current filter system. Alternative products offered by the vendors were found technically unacceptable because they required redesign of the existing piping network, construction, testing, and commission of the system.

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

Based on the aforementioned market research, technical evaluations, cost analysis, and prior procurement history, a sole-source procurement from Shalon-Chemical Industries for the specified filters is justified. This approach ensures the continued operation of 39 MDG's COLPRO system while minimizing costs and avoiding unnecessary disruptions.

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

Serka Federal Services LLC Baykal Technologies Impex Foreign Trade Ltd.

Shalon - Chemical Industries Ltd.

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 specific operating requirements of the COLPRO system, there are no suitable alternatives that would preclude limiting future competition. The only potential work-around would be to get an entirely new system which would be extremely cost ineffective and only serve to change the contractor, but the requirement would still have to be sole source. We will continue to conduct market research for future buys to check for other alternatives.

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 signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

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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))

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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.