JA Sole Source FAR Part 13.5 (JUL2021).pdf

Control Number: CUI

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

Sole Source Justification and Approval Review Document Under FAR 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: UXCare Repair and Calibration Service to Fix Ultrax UX Validator Test Set

Authority: FAR 13.501(a)(1)(ii)

Amount: $107,380 (Base + Four Options)

Prepared by: Douglas Harding

Typed Name: Douglas Harding DSN: 737-6923

Title: Contract Specialist Date: 20 March 2024

E-mail: douglas.w.harding.civ@army.mil

Contracting Officer:

Typed Name: Monty Eisenbraun DSN: 737-6938

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: ________________________________DSN: ______________________

Signature: _________________________________ Date: ______________________

(State specific supply or services being procured and location)

JUL2021

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: SDNG USPFO

2. Description of Action: This will be a new contract with options for the repair/replacement of AASF test sets. The contract will be Firm Fixed Price.

3. Description of Supplies/Services: UXCare is a service provided to perform annual hardware alignment and calibration, software maintenance and updates, manual updates, cover all repairs due to normal use, returns test sets to the user, provides compliance certification and documentation, and restores test sets and equipment to “like new” conditions.

There will be two CLINs for two different test sets. Quantities for each CLIN will be one (1). The period of performance for the base year will be one year from award date, with 4 Option periods.

Base Period: 15 April 2024 to 14 April 2025 or Value: $21,476 Option Period 1: 15 April 2025 to 14 April 2026 Value: $21,476 Option Period 2: 15 April 2026 to 14 April 2027 Value: $21,476 Option Period 3: 15 April 2027 to 14 April 2028 Value: $21,476_ Option Period 4: 15 April 2028 to 14 April 2029 Value: $21,476_

4. Authority Cited: FAR 13.501(a)(1)(ii).

Reason for Authority Cited: 6.302-1, only one available source is available. The sole source justification is a similar format at FAR 6.303-2 modified to reflect procedures in FAR subpart 13.5.

The UXcare service is only provided by the manufacturer of the test sets.

6. Efforts to Obtain Competition: Ultrax Aerospace is the OEM of the test sets and the only available option to repair the test sets. There are no distributors or other repair entities for this equipment. Multiple states (National Guard units) and other agencies have made sole source awards to Ultrax Aerospace for same equipment.

Market Research identified that multiple sole source awards have been made to Ultrax Aerospace. Also, Missouri National Guard posted a sources sought in September 2023 and received no responses.

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

JUL2021

The Contracting Officer will publish the notice required by FAR 5.201 and any offers received shall be considered.

7. Actions to Increase Competition: Posting notice of intent on the GPE.

8. Market Research: See #6

9. Interested Sources: Ultrax Aerospace is the OEM.

To date, no other sources have written to express interest in the acquisition.

No sources expressed interest in the MO ARNG sources sought notice.

10. Other Facts: Similar services have been sole sourced.

a. Procurement history.

W9124X22P0021 – Nevada National Guard Sole Source Award August 18 2022

W912LP-23-P-0037 Iowa National Guard 18 Sole Source Award September 2023

W912NS-23-Q-8521 – Missouri’s Sources Sought that received no response.

b. Other facts. No other facts needed.

11. Technical Certification

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: _____________________________Date: ________________________

Typed Name: Title:__________________________

12. Requirements Certification

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: _____________________________Date: ________________________

Typed Name: LTC Jon P Murphy Title:__________________________ douglas.w.harding Highlight douglas.w.harding Highlight

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

JUL2021

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Price has been determined to be fair and reasonable based off pricing data from previous awarded contracts. Certified cost or pricing data is not required per FAR 15.403-1(b)(3).

Signature: ________________________________Date: ________________________

Typed Name: ____________________________Title:__________________________

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: ________________________

Typed Name: ____________________________Title:__________________________

JUL2021

Approval

Based on the foregoing justification, I hereby approve the procurement of (state equipment/services being procured and total dollar value) on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Choose the appropriate approval level.

Monty C. Eisenbraun Date:

Contracting Officer Signature:

Approval Levels

Dollar Value of Document Approval Authority

SAT - $750,000 Contracting Officer*

$750,001 - $15,000,001 Command Advocate for Competition

$15,000,001 - $100,000,000 Head of Contracting Activity

$100,000,001 and over Senior Procurement Executive *Contracting Officer signature at paragraph 14 (Contracting Officer Certification) constitutes approval; Approval page not required.