WX00589Y2018T_FY2018_Air-Pak_X3_SSJ_Simplified_Acquisitions_Exceeding_SAT_C2_Test_Program_FAR_Part_13-5_(CO_signed).pdf

Attachment C2 Sole Source Justification (SSJ)

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding $150,000, including brand name for use when applicable.

SSJ No.: XXX-XX -

Date: October 10, 2017 PR Number: WX00589Y2018T

Pursuant to the requirements under the authority of the test program for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “sole source justification.”

Agency: Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Center for Domestic Preparedness (CDP), Anniston, Alabama. Contracting Activity: DHS, FEMA/NETC, Acquisition Operations Division, Preparedness Section intends to award a limited-sources contract.

2. Nature and/or description of the action being approved.

The subject requirement comprises the addition of 30 Scott Safety Air-Pak 4.5 X3 Self-Contained Breathing Apparatus (SCBA) assemblies for toxic agent training at CDP.

CDP provides specialized, advanced, hands-on Chemical, Biological, Radiological, Nuclear, and Explosives (CBRNE) training for state and local emergency responders. CDP’s technician-level programs, including an advanced Hazardous Materials (HazMat) course, train students who have achieved, or are expected to achieve, technician-level certification under 29 CFR 1910.120. Given this level of training, it is imperative that course-related equipment and technologies stay apace with the latest equipment and technologies utilized by firefighters and hazardous materials technicians across the country. Toward this end, and to ensure initial training leading up to training in a toxic environment is fully equipped with respiratory equipment, CDP purchased in 2015-16 a total 63 Scott Air-Pak 4.5 X3 SCBA assemblies. Assemblies include harness/back frame, NIOSH-CBRN approved face piece and NIOSH-approved 4500 psi, 60-min air cylinders. In FY2017, CDP purchased 30 Air- Pak X3 SCBA assemblies for use in toxic agent training.

Manufacturer: Scott Safety, 4320 Goldmine Road, Monroe, NC 28110

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

The Scott Air-Pak 4.5 X3 assembly is NIOSH CBRN approved and certified to the 2013 edition (current edition) of NFPA 1981: Standard on Open-Circuit Self-Contained Breathing Apparatus for Emergency Services, and NFPA 1982: Standard on Personal Alert Safety Systems. Procurement and implementation of this equipment ensures that SCBA utilized at the technician level in CDP training be fitted with safety systems (PASS devices) in accordance with the NFPA 1982 standard.

http://uscode.house.gov/

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding $150,000, including brand name for use when applicable.

SSJ No.: XXX-XX -

Importance of NFPA 1982: Standard on Personal Alert Safety Systems

This standard establishes requirements intended to ensure reliable performance of Personal Alert Safety Systems (PASS) enabling users to signal for help if they get lost, disoriented, trapped, injured, or run out of breathing air during emergency operations. Provisions under this standard cover design, performance, testing, and certification of PASS that monitor the wearer’s motion, automatically emitting an audible signal to summon aid in the event he or she becomes incapacitated or needs assistance.

The Air-Pak X3 consists of the following major sub-assemblies: (1) full face piece assembly; (2) a removable, face piece-mounted, positive pressure breathing regulator with air-saver switch; (3) an automatic dual path redundant pressure reducing regulator; (4) end-of-service time indicators; (5) a harness and back frame assembly for supporting the equipment on the body of the wearer; (6) a shoulder strap mounted, remote gauge indicating cylinder pressure; (7) a rapid intervention crew/ universal air connection (RIC/UAC); and (8) cylinder and valve assembly for storing breathing air under pressure. The cylinder utilized is the Scott TC-SU 5134-310, an SCBA component already in use at the CDP.

The Air-Pak X3 is equipped with new shoulder strap designs, better weight management, and improved hose and wire management. Fire ground communications are enhanced with the introduction of the AV3000HT face piece, enhanced communications options and, a new Heads-Up Display and optimally positioned "buddy" lights.

The Scott air cylinder and valve assembly is manufactured for use with the Air-Pak X3 and AV3000HT face piece. The combination of the three components yields a respiratory protection system that is NIOSH-CBRN approved. The full system supports the user when supplied air is determined to be a requirement in any given mission. The air cylinders required for training retain 4500 psi while providing the wearer 60 minutes of breathable air.

Estimated total value of the subject requirement is as follows:

Scott Safety P/N Item Qty Estimated Total Value

201215-01 AV-3000 HT (S), KVLR 5

201215-02 AV-3000 HT (M), KVLR 15

201215-03 AV-3000 HT (L), KVLR 10

804723-01 Cylinder & Valve Assy, Carbon, 4500 psi, 60 Min 30

X3314022000302 4.5 X3CGA,SH QD/PTKR 30

4. Identification of the authority.

This action is being taken under the authority of the Test Program for Commercial Items, 41 U.S.C.

1901 or the authority of 41 U.S.C. 1903 Special emergency authority.

http://uscode.house.gov/

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Students attending CDP’s HazMat suite of courses will utilize equipment and technologies that reflect the response capabilities level to which they have achieved. This is applicable to the Personal Protective Equipment (PPE) utilized at CDP. The subject requirement addresses PPE in the form of respiratory protection equipment approved by NIOSH and certified to the 2013 Edition of NFPA 1981 and 1982.

While there are other brands of SCBA on the commercial market, the Program Office asserts a brand-name acquisition fiscally prudent and logistically reasoned. Pursuant to FAR 13.501(a), the Air-Pak X3 SCBA must be procured and implemented to remain aligned with existing training configurations in technician-level training. Introducing competitors’ products at this juncture is imprudent because of the limited amount of time for instruction on functionality and configuration, teaching the equipment’s capabilities and limitations, and then applying the knowledge by using the equipment in a training situation. Additionally, procedures related to equipment maintenance and training of support personnel has become standard practice at this point. An introduction of competitors’ products would ideally require a wholesale replacement of the Scott Safety SCBA harness/back frame, face pieces and air cylinders, a resultant action wholly cost prohibitive to the Government.

CDP has implemented into nontoxic agent training 63 Scott Safety NIOSH-CBRN approved SCBA.

30 SCBA assemblies have been implemented into toxic agent training. Repairs and maintenance will ultimately be conducted on the CDP campus through utilization of Scott Safety equipment and CDP contracted support staff trained by Scott Safety technicians. CDP will also coordinate with Scott Safety to conduct annual airflow testing and technician level maintenance on the SCBA. This coordination and requirement to remain fully operational with SCBA relies on sound logistics support with Scott Safety’s SCBA and services at the forefront. Introducing competing brands of SCBA requires CDP to create an additional logistics support base. CDP considers this both cost and time prohibitive.

Procuring and implementing competing brands at this juncture could plausibly entail a wholesale replacement of Scott Safety respiratory protection equipment already implemented in unique fashion throughout technician-level training. Since 2015, CDP has purchased and implemented into training a total of 93 Scott Safety SCBA with a value greater than $500,000. Accompanying risks and certainty of cost duplication to the Government points strongly toward a limited sources acquisition. This procurement avenue represents the best value consistent with FAR 13.501(a).

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A combined synopsis/solicitation will be posted/publicized on FedBizOpps, as required by FAR Subpart 5.301, 6.305(b), and 12.603. Any responsible offers received in response to that combined synopsis solicitation will receive consideration for award.

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (Use information such as commercial pricelists or prior acquisition history that will help the Contracting Officer determine the anticipated cost is fair and reasonable or discuss the application of any of the techniques described at FAR 13.106-3(a)(2) and/or 13.106-3 (b)(3)).

The contracting officer determines that the anticipated price will be fair and reasonable based on competition, acquisition history, and commercial pricelists (if applicable).

8. Description of market research. (Market Research is required by FAR Part 10 and HSAM 3010, and the DHS Market Research Guide. Describe the results of your market research or provide a statement of the reason why market research was not conducted).

In accordance with the FAR, Part 10, this office conducted market research to gain insights into the availability of products and to obtain feedback from industry. Three vendors were solicited for pricing using the following market research tools:

• Free and open, direct telephonic exchanges, required by the FAR.

• Internet research utilizing multiple search engines.

• Vendor brochures.

• Contact with Subject Matter Experts (SME) for required expertise.

9. Any other facts supporting the justification.

Utilization of alternative sources requires the Government to procure in excess of 120 NIOSH CBRN approved SCBA with accompanying equipment, retrain instructor and training support staff, develop a new logistics support base, establish alternate protocols and usage procedures and then rewrite curriculums associated with the training. Following this action, the Government will nonetheless remain burdened with the necessity of replacing and/or supplementing this respiratory equipment through lifecycle replacement processes. Such cost prohibitive options are neither fiscally prudent nor logistically reasoned. As regards the subject requirement, the Program Office asserts that utilization of alternative sources is wholly cost prohibitive and a course that provides an unacceptable risk to the Government and its training operations.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

A listing of the sources that expressed an interest in the acquisition is included in the market research report. As detailed in the report, three (3) vendors provided a quote in response to the market research inquiry. Additionally, additional vendors provided quotes in the previous acquisition for the same items conducted in FY2017.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required. (Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service).

The Activity POC will continue to monitor the availability of comparable products in efforts to determine if such products prove better, more efficient, and more cost effective. However, as it

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $150,000) pursuant to FAR Subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding $150,000, including brand name for use when applicable.

SSJ No.: XXX-XX -presently stands, the subject requirement is the best reasoned and most fiscally prudent option available.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iv) and 5.102(a)(6).

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

14. Contracting Officer Certification and Approval*

Contracting Officer: Not exceeding $650K Date

*Note: In accordance with FAR 13.501(a)(2)(i), for contracts exceeding $150,000 but not exceeding $650,000, the contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.

15. Approval:

Competition Advocate Date $650K to not exceeding $12.5 mil

HCA: Date $12.5 mil to not exceeding $62.5 mil

HCA approval in addition to that of the Component Competition Advocate is not necessary if the Component Competition Advocate meets the criteria at FAR 6.304(a)(3)(ii).

______CASTILLO_______________________Date: 2017.10.10 09:27:30 -05'00'_________

MICHAEL W Digitally signed by MICHAEL W CASTILLO DN: c=US, o=U.S. Government, ou=Department of Homeland Security, ou=FEMA, ou=People, cn=MICHAEL W CASTILLO, 0.9.2342.19200300.100.1.1=0421314108.FEMA gtopper Typewritten Text 11/30/2017

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -

CPO: over $62.5 mil Date