Notice of Intent to Award a Sole Source - Sunshade Canopy Maintenance Contract

Notice Type: Notice of Contract Action (hereafter referred to as NOCA) - Sole Source Award Justification, Statutory Authority: FAR 13.501(a) - 41 USC 1901- Only one responsible source and no other supplies or services will satisfy agency requirements. Contract Award Date: TBD Contract Award Number: TBD Synopsis: The United States Air Force Test Center/Directorate of Contracting (AFTC/PZIOB), Edwards AFB, CA intends to issue a sole source contract to EDL Construction Inc. at 871 Coronado Center Drive, Suite 200, Henderson NV, 89052 for Sunshade Canopy Maintenance Contract. The contract will be executed by means of other than full and open competition. Although the services provided under the Sunshade Canopy Maintenance Contract are commercial and many vendors offer similar services, EDL Construction Inc. is the sole provider of the materials as they own proprietary rights to the information needed to perform these services. Additionally, the proprietary rights owner (EDL Construction Inc.) has notified the government that they no longer have agreements with any other contractors to have access to the proprietary information to perform these services. Thus this purchase is in the best interest of the Government. The authority permitting other than full and open competition is 41 USC 1901 - FAR 13.501(a) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) Unacceptable delays in fulfilling the agency's requirements. EDL Construction Inc. is the only known contractor who can supply the specific services on existing sunshade canopy's located at Edwards AFB, given that they retain proprietary rights to the information needed to provide the service and no longer have agreements with any other companies to provide these services. The Government requests that feedback, comments and questions be submitted no later than three (3) calendar days (i.e. 30 July 2021 at 1:30pm PDT) from the date of this notice posted to www.beta.SAM.gov. Please submit all questions, comments and feedback regarding this NOCA via e-mail ONLY to the Points of Contact POCs) identified below. No telephone responses will be accepted. Any information submitted by respondents to this NOCA is strictly voluntary. Any response submitted by respondents to this NOCA constitutes consent for that submission to be reviewed by Government personnel. The Air Force Test Center has appointed an Ombudsman to consider and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. Concerned parties should address their concerns, issues, disagreements, and/or recommendations to the Contracting Officer for resolution prior to consulting the Ombudsman. Additionally, Air Force Federal Acquisition Regulation (AFFARS) 5352.201-9101 - Ombudsman, will be included in any potential solicitation and contract for this acquisition. THIS NOTICE OF INTENT IS NOT A REQUEST FOR PROPOSALS OR QUOTATIONS. No solicitation package will be issued. Requests for copies of a solicitation in response to this notice will not be honored or acknowledged. A determination by the Government not to compete this proposed action based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether conducting a competitive procurement in the future is in the best interest of the Government. All responses received by 1:30pm PDT on 30 July 2021 will be considered by the Government. All information submitted should support the offeror's capability to provide the items required, and shall be furnished at no cost or obligation to the Government. Responses must be in writing and must provide clear and concise documentation indicating an offeror's capability to provide these items. Verbal responses are not acceptable and will not be considered. Responses and questions shall be submitted via email to: Mr. Joshua Vasquez (Contracting Officer) joshua.vasquez.5@us.af.mil Ms. Connieann Tudela-Kately (Contract Specialist) connieann.tudela-kately.1@us.af.mil