10--Daycare facilities in support of Yellow Ribbon Reintigration Program event.

This contract action was accomplished using other than competitive procedures because there is only one responsible source due to a unique capability provided, and no other supplies or services will satisfy agency requirements (FAR 6.302-1). See posted J&A for further information. SOLE SOURCE / NAME BRAND JUSTIFICATION (For Other Than Full and Open Competition) Reference: FAR 6.303-2 Section/Unit Name: National Guard Bureau, Army and Air Force USPFO for North Dakota (P&C) Fraine Barracks Road, Bldg 50 Bismarck ND 58506 Requestor: Suzanne Richards 1. State Relevance Of Purchase To Your Mission, Purpose, Research or Study: The National Guard conducts reintegration events for soldiers and their families who have recently returned from deployment. The acquisition of child care facilities to support the troops are vital to the success of the program. 2. Identify Supplies Or Services To Be Approved For Sole Source/Name Brand Treatment: Child care facilities are required for the Yellow Ribbon KFOR Reintigration Events to be conducted in Fargo ND between June and October 2010. 3. Identify Sole Source/Name Brand Manufacturer: Name of Mfr: YMCA Mailing Address : Fargo ND Phone Number: +1 (555) 000-0000 4. Identify Provider/distributor of Service/Supply (if different from item 3): n/a 5. If the Purchase is Related To Compatibility With Existing Equipment or Services, Identify the Existing Item(s) or Services: n/a 6. Specific efforts (including market research) made to determine the availability of another source: Other locations in the Fargo ND area were considered, but none have the capacity to provide day care resources for up to 190 children. 7. 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) [ X] 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 [ ] 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) (1) Explanation of the urgency: (2) Why only the proposed Manufacturer/Supplier can meet need: 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) [ ] Statute (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 units 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. 8. Replacement Equipment, Parts Or Accessories (Mark One That Qualifies) A. [ ] The item is manufactured or produced by the supplier and the supplier solely distributes (sells) direct to the customer. B. [ ] 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, North Dakota or identified market area. 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. 9. Narrative Justification After researching available day care facilities in the Fargo ND area, it was found that no other suitable facilities were available with the capacity required for the reintegration events. The YMCA has the capacity, and offers a superior, professionally-staffed daycare program. This service is vital to the success of the ND National Guard Reintigration Program. 10. I hereby certify the information provided herein to be accurate and complete to the best of my knowledge. I understand any false or misleading information may be considered a violation under Federal Acquisition Regulations and subject to legal action. Signature ____________Original signed________________ Date: 6 Jun 10 Title: Reintigration OIC Supervisor: _______________Original Signed_____________ Date: 14 Jun 10 (Signature) Typed/Printed Name: Rob Keller FOR CONTRACTING USE ONLY: It is the Contracting Officers determination that the anticipated cost to the Government will be fair and reasonable. The Contracting Officer certifies that the justification is accurate and complete to the best of the Contracting Officers knowledge and belief. Approved: ____________Original signed_____________ Date: 16 Jun 10 Jeff Strange Contracting Officer Purchasing and Contracting