Justification Approval.pdf

FOR OFFICIAL USE ONLY

PROCUREMENT SENSITIVE

SOURCE SELECTION SENSITIVE

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(1) Agency and contracting activity (FAR 6.303-2(a)(1))

This requirement is for the 174th MXS. The contracting agency is the 174th

MSG/MSC.

(2) Nature and/or description of the action being approved (FAR 6.303-2(a)(2))

Repair of an existing PTM-100-Series Tower to include replacing parts, operational checks and replace worn parts IAW the Statement of Work.

(3) Supplies or services required to meet the Agency needs (including estimated value) (FAR 6.303-2(a)(3))

Supplies: Tower Bale section and all related parts, miscellaneous hardware, and silicone spray.

Services: Remove broken tower pieces, install new parts and inspect for proper alignment, and conduct operational checks of unit upon completion of repair.

(4) Statutory authority (FAR 6.303-2(a)(4))

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 of capabilities critical to use.

Replacement Parts – The purchase is for replacement parts needed for repair of existing equipment where compatibility with equipment from the original manufacturer is paramount.

(5) The proposed contractor's unique qualifications require use of the authority cited above (FAR 6.303-2(2)(5))

FAR 6.302-7 – Public Interest

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

Tower Solutions’ towers consist of a uniquely designed high precision machine, made up of proprietary and patented technology, protected directly by US patents (#7,581,360, #7,921,611, & #8,225,559), secondarily protected by US patents (#7,357,365 & #8,366,365) and indirectly protected by numerous trade secrets.

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The components that make up the tower are only produced and fully understood by Tower Solutions, LLC. Use of components from non-approved sources in the repair of the tower module itself will be in breach of patent protection laws and void any and all warranties associated with the tower.

(6) Description of efforts to ensure that offers are solicited from as many potential sources as practicable (FAR 6.303-2(a)(6))

Previous contracts W912PQ-12-P-0125 & W912PQ-13-F-0093 for similar parts/services found that only one manufacturer, Tower Solutions, LLC, could provide the requirements requested.

(7) Determination of fair and reasonable cost (FAR 6.303-2(a)(7))

Fair and reasonable costs will be determined by comparing Tower Solutions’ quote to their commercial pricing as well as pricing on previous contracts completed by the company.

(8) Market survey (FAR 6.303-2(a)(8))

N/A

(9) Other facts supporting the use of other than full and open competition (FAR

6.303-2(a)(9))

(10) List of sources, if any, that expressed a written interest in the acquisition (FAR

6.303-2(a)(10))

(11) Actions, if any, that are being taken to remove and overcome any barriers to competition before any subsequent acquisitions for the supplies or services required (FAR 6.303-2(a)(11))

SOURCE SELECTION SENSITIVE

(12) Contracting Officer's certification (FAR 6.303(a)(12))

I have determined that the anticipated cost to the government will be fair and reasonable and certify that the justification is accurate and complete to the best of my knowledge and belief.

Leanne Holmes, MSgt Contracting Officer

(13) Approval (FAR 6.304)

In accordance with FAR 6.304, the above justification for other than full and open competition is hereby approved.