Sole_Source_Document.pdf

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Attached to
Shelter Maintenance Federal contract opportunity
Solicitation number
W912LA18Q6020
Issued by
Department of the Army California Army National Guard

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JUSTIFICATION AND APPROVAL FOR SOLE SOURCE /NAME BRAND JUSTIFICATION OTHER

THAN FULL AND OPEN COMPETION

Reference FAR 6.302-1

SUBJECT:

Form 9 Number:

Section/Unit Name:

CONTRACTING ACTIVITY:

ABSTRACT:

1. ESTIMATED TOTAL COST:

2. RELEVANCE OF PURCHASE TO MISSION:

3.

TREATMENT:

4.

IDENTIFY SUPPLIES OR SERVICES TO BE APPROVED FOR SOLE SOURCE/NAME BRAND

IDENTIFY SOURCE/NAME BRAND MANUFACTURER:

Name:

Mailing Address:

Phone Number:

Web Site Address:

5. PROVIDER/DISTRIBUTOR OF SERVICE/SUPPLY (IF DIFFERENT FROM ITEM 3):

Name:

6. THIS PURCHASE IS RELATED TO COMPATIBILITY WITH EXISTING EQUIPMENT:

Sole Source Justification

144th Fighter Wing, SMSgt Timothy Bellini, DSN: 839-5359 Requestor: SMSgt Timothy

The contracting organization for this action is the 144th Fighter Wing, Mission Support Group, Mission Support Contracting Office, 5323 E. McKinley Ave, Bldg 135, Fresno ANGB, California 93727.

IAW FAR SUBPART 6.3, OTHER THAN FULL AND OPEN COMPETITION, the Government proposes to contract for Aircraft Sun Shade 180 Day Inspections, alleging "Only One Responsible Source and No other Supplies or Services will Satisfy Agency Requirements" as duplication of cost to the Government is not expected to be recovered through competition.

Bellini, DSN: 839-5359

The request for the Aircraft Sun Shade 180 Day Inspection is required IAW AFI 21-136 Aircraft Sun Shade Management Par. 2.7. These inspections are crucial to the life long sustainment of the Aircraft Sun Shade and to ensure the structural integrity of the structure.

EDL Construction, Inc. will perform structure integrity inspections on 180 day intervals.

EDL Construction, Inc.

871 Coronado Center Drive, Suite 200 Henderson, NV 89052

1-(760)788-2973 www.edlconstruction.com

N/A (Company is the sole provider of these services.)

The current Aircraft Structures are under a 20 year warranty. Use of another contractor would void the 20 year warranty on the shelters.

7. SPECIFIC EFFORTS MADE TO DETERMINE THE AVAILABILITY OF ANOTHER SOURCE:

8. SOLE SOURCE CONSIDERATIONS: (Mark Only The One That Best Qualifies. Provide details in Paragraph 9)

A. FAR 6.302-1 – Only one responsible source, and no other supplies or services will satisfy. Agency requirements:

Exclusive Rights - Item under patent or copyright held by a single vendor and item possesses functions or capabilities critical to use. (Attach applicable support)

Exclusive Capability - Only one vendor qualified. No other potential vendors known. (Complete Section 9)

Requires specially trained personnel to accomplish task.

Possesses widely known specialized expertise to accomplish task.

Possesses unique test equipment or facilities for need or task.

Responsible for integrated system performance where warranties or results will be voided if other products or vendors are introduced.

Quality of equipment from other known vendor sources have been demonstrated to be inferior or documented to be unacceptable.

Proprietary Design - Item possesses a unique function or capability critical in the use of the item and not available from any other sources.

Replacement Equipment - The purchase is for equipment associated with use of existing equipment where compatibility is essential for integrity of results. (Complete Paragraph 8)

Replacement Parts - The purchase is for replacement parts needed for repair of existing equipment where compatibility with equipment from the original manufacturer is paramount. (Complete Paragraph 8)

Replacement Accessories - The purchase is for accessories sought for enhancement of existing equipment where compatibility with equipment from the original manufacturer is paramount. (Complete Paragraph 8)

Technical Service - The purchase is for technical services associated with the assembly, installation or servicing of equipment of a highly technical or specialized nature.

Follow-on acquisition for the continued development, production, or use of specialized equipment or services.

B. FAR 6.302-2 - Unusual and compelling Urgency

(2) Why only the proposed Manufacturer/Supplier can meet need:

(1) Explanation of the Urgency:

The Government would be seriously injured unless the agency is permitted to limit the number of sources from which to solicit bids or proposals. (Lack of advance planning is unacceptable)

Available sources were researched via FBO but found other vendors would void the MFR warranty of the shelters

C. FAR 6.302-3 – Industrial mobilization; engineering, developmental, or research capability; or expert services.

Award to this source is required in order to maintain the facility, manufacturer, or supplier available for furnishing supplies or services in case of a national emergency or mobilization.

Award is necessary to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

D. FAR 6.302-4 – International agreement

Competition precluded by the terms of an international agreement or treaty between the U.S. and a foreign government or international organization.

E. FAR 6.302-5 – Authorized or required by statute (or regulation)

Statue (or regulation) expressly authorizes or requires that the acquisition be made from a specified source or through another agency. (Cite the statute or regulation in Paragraph 9 and provide supporting documentation.)

F. FAR 6.302-6 – National Security

Disclosure of the unit’s needs would compromise national security, unless the unit is permitted to limit the number of sources from which to solicit bids or proposals.

G. FAR 6.302-7 – Public Interest

Full and open competition need not be provided for when the Agency Head determines that it is not in the public interest in the particular acquisition concerned.

REPLACEMENT EQUIPMENT, PARTS OR ACCESSORIES: (Mark One That Qualifies)

9.

The item is manufactured or produced by the supplier and the supplier solely distributes (sells) direct to the customer. A.

The item is produced by the manufacturer, but not sold direct to the customer by the manufacturer, and the manufacturer solely distributes the item through a single supplier in the world, United States, region, California or identified market area.

B.

Note: If item is available from more than one supplier, the item can be treated as proprietary, but must be solicited from multiple sources of supply.

10. JUSTIFICATION:

EDL construction is a reliable company and is the Sole Source recommendation. Furthermore, EDL originally installed the shelters, therefore, they know the design and inspection requirements to ensure the life long sustainment of the shelters and the safety to flightline personnel and aircraft. Lastly, EDL will continue to honor their warranty on the Aircraft Sun Shades if in fact they perform the required 180 day inspections. The 144th will void the existing warranty if in fact we utilize a different contractor.

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