23-U-BLUE JA Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control No.: Drum-2023-3

JUSTIFICATION REVIEW DOCUMENT

FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: The United States Army Garrison Fort Drum, NY, needs a service contract for maintenance on it’s existing Guardian Blue Units.

Authority: Simplified Procedures for Certain Commercial Items, Title 41 U.S.C. 1901 as implemented by FAR 13.5.

Amount: $

Prepared by: Cody Bresette DSN:

Contract Specialist Date: 5/10/23 Email: cody.a.bresette.civ@army.mil

Contracting Officer: Jeffery Frans DSN:

Contracting Officer Date: 5/10/23 Email: jeffery.l.frans.civ@army.mil

Technical & Requirements: Thomas Hudon DSN:

Lead Electronics Technician Date: 5/10/23 Email: thomas.p.hudon.civ@army.mil

Reviews: I have reviewed this justification and find it adequate to support sole source.

DSN:

Date: See digital signature

FAR 13.5 Simplified Procedures for Certain Commercial Items Sole Source Justification and Approval

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)- Fort Drum, 4205 Po Valley Road.

2. Description of Action: United States Army Garrison Fort Drum requests a firm-fixed-price requirements contract with Hach Corporation. The Government projects award for September 2023 and fiscal year 2023, Operations and Maintenance funds will be used.

3. Description of Supplies/Services: The Contractor shall provide all resources necessary to perform monthly maintenance and repair on four HACH manufactured Guardian Blue units throughout the base year, and four option years as exercised, located at Fort Drum, NY, IAW the Performance Work Statement (PWS), Attachments, and the terms and conditions of the contract.

4. Authority Cited: Simplified Procedures for Certain Commercial Items, Title 41 U.S.C.

1901 (or Title 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

☐Unusual and compelling urgency ☒Exclusive licensing agreements ☐Industrial mobilization ☐Other: N/A

5. Reason for Authority Cited:

Sources Sought Notice Number Guardian Blue Maintenance – 23-U-BLUE was issued on 12 April 2023 with no responses to date. The key requirement is that all technicians must be certified by the HACH Company. Additionally, Contractors must have the capability to maintain equipment In Accordance With (IAW) HACH Standardized maintenance procedures and be able to provide upgrades to the equipment when they are released. Guardian Blue Units are a proprietary technology. Therefore, it has been determined that there are no Contractors other than HACH Company that can provide this service to Fort Drum, NY.

b. Alternatives:

Sources Sought Notice was posted to SAM for 16 days with no responses. No alternatives were identified.

c. Additional Supporting Information: N/A

d. Impact if justification not approved: This requirement is for a water contaminant detection system. It is vital for monitoring the water supply on Fort Drum and ensuring it is safe to consume. If not, it could create a significant negative effect on the life, health, and safety of the Fort Drum Community.

6. Efforts to Obtain Competition: Sources Sought Notice Number Guardian Blue Maintenance

– 23-U-BLUE was issued on 12 April 2023 with no responses to date. The Government will periodically conduct market research to determine if there are other vendors or technologies that are capable of providing this type of service.

7. Actions to Increase Competition: This Justification and Approval (J&A) will be posted to SAM.gov IAW FAR 13.501(a)(1)(iii), Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must make publicly available the justifications required by 6.303-2, modified to reflect an acquisition under the authority of the test program for commercial items.

8. Market Research: Although there are 3,045 Small Businesses in the United States (US) under NAICS 221310-Water Supply & Irrigation Systems, there are no SBs in the US that can provide this service. Previous procurement numbers W911S2-18-D-6012 and W911S2-10-P-3062 were solicited from a single source when there were no responses to a sources sought notice, and only one quote received from an open market, unrestricted solicitation. Sources Sought Notice Number Guardian Blue Maintenance – 23-U-BLUE was issued on 12 April 2023 was then posted to ensure that our market research was correct. There have been no responses to the sources sought notice to date.

9. Other Facts:

a. Procurement History:

Contract number: W911S2-18-D-6012 Vendor: Hach Corporation Award date: 20-Sep-2018 Competitive Status: Sole Source Authority cited: FAR 6.302-1: Only one responsible source

Contract number: W911S2-13-P-3030 Vendor: Hach Corporation Award date: Unavailable Competitive Status: Sole Source Authority cited: Unavailable

b. A sole source justification was signed on July 18th, 2018. Authority cited was FAR 6.302- 1: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 USC 2304(c)(1). The previous contract also posted a sources sought notice and received no responses. No notable changes in the market have taken place.

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.

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.

13. Fair and Reasonable Cost Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on the fact that it was determined Fair and Reasonable on the previous contract. Additionally, the techniques identified at FAR 15.404-1(b), Price analysis for commercial and non-commercial items will be used to further ensure award will be at fair and reasonable prices. Certified Cost and Pricing Data will not be obtained for this procurement.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.