SSJ_Simplified_Acquisitions_Exceeding_SAT_C2_Test_Program_FAR_Part_13-5_Final_redacted_(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 -

SSJ No.:

Date: January 2, 2018 PR Number: WX00883Y2018T

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 utilize this sole source justification to award a brand name only 100% total small business contract.

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

CDP/FEMA/DHS intends to award a brand name only Kappler contract pursuant to FAR Subpart

13.501 for the procurement of chemical protective, Level A and B garments from Kappler, Inc. CDP intends to solicit varying sizes of the Kappler Zytron 500 Level A and Zytron 300 Level B garments via a combined Synopsis/Solicitation posted on FedBizOpps (FBO) as a brand name only total small business set-aside.

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

The Center for Domestic Preparedness (CDP) provides specialized, advanced hands-on training for state and local emergency responders. The CDP offers the nation’s only Chemical, Ordnance, Biological, and Radiological Training Facility (COBRATF) where civilian emergency responders are provided the opportunity to train and gain experience with an array of toxic agents. The COBRATF provides responders with the experience of working in a hazardous environment so as to gain the necessary confidence in their own training and equipment. This hands-on experience allows students to increase their knowledge and skills of working in chemical protective clothing, using surveying and monitoring equipment, and using instruments that detect hazardous agents in a contaminated environment. Toward supplementing existing Personal Protective Equipment (PPE) levels of protection and toward continuity across multiple training programs in a toxic training environment, CDP requires specific quantities, configurations, sizes and colors of PPE Levels A and B chemical protective garments as depicted in Tables A & B on the following page:

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

SSJ No.: XXX-XX -

Table A Initial quantities to be purchased

Model / Part No. Size Qty Unit of Measure

Z5H552-Orange / Kappler Zytron 500 Level A garment S/M 60

Qty Column Reflects One (1) Garment

EA

Z5H552-Orange / Kappler Zytron 500 Level A garment L/XL 90

Z5H552-Orange / Kappler Zytron 500 Level A garment 2X/3X 60

Z5H552-Orange / Kappler Zytron 500 Level A garment 4X 20

Z5H552-Orange / Kappler Zytron 500 Level A garment 5X 15

Z5H552-Orange / Kappler Zytron 500 Level A garment 6X 10

Z5H552-Orange / Kappler Zytron 500 Level A garment 7X 10

Model / Part No. Size Qty Unit of Measure

Z3H570-TAN / Kappler Zytron 300 Level B garment S/M 6

Qty Column Reflects One (1) Case EA.

One Case = Six (6) Garments

Example: Qty of 6 S/M Zytron 300 Level B depicts 36 total garments.

Z3H570-TAN / Kappler Zytron 300 Level B garment L/XL 10

Z3H570-TAN / Kappler Zytron 300 Level B garment 2X/3X 8

Z3H570-TAN / Kappler Zytron 300 Level B garment 4X 3

Z3H570-TAN / Kappler Zytron 300 Level B garment 5X 3

Z3H570-TAN / Kappler Zytron 300 Level B garment 6X 3

Z3H570-TAN / Kappler Zytron 300 Level B garment 7X 3

Table B additional optional quantities to be purchased by 9/30/2018

Model / Part No. Size Qty Unit of Measure

Z5H552-Orange / Kappler Zytron 500 Level A garment S/M 60

Qty Column Reflects One (1) Garment

EA

Z5H552-Orange / Kappler Zytron 500 Level A garment L/XL 90

Z5H552-Orange / Kappler Zytron 500 Level A garment 2X/3X 60

Z5H552-Orange / Kappler Zytron 500 Level A garment 4X 20

Z5H552-Orange / Kappler Zytron 500 Level A garment 5X 15

Z5H552-Orange / Kappler Zytron 500 Level A garment 6X 10

Z5H552-Orange / Kappler Zytron 500 Level A garment 7X 10

Model / Part No. Size Qty Unit of Measure

Z3H570-TAN / Kappler Zytron 300 Level B garment S/M 6

Qty Column Reflects One (1) Case EA.

One Case = Six (6) Garments

Example: Qty of 6 S/M Zytron 300 Level B depicts 36 total garments.

Z3H570-TAN / Kappler Zytron 300 Level B garment L/XL 10

Z3H570-TAN / Kappler Zytron 300 Level B garment 2X/3X 8

Z3H570-TAN / Kappler Zytron 300 Level B garment 4X 3

Z3H570-TAN / Kappler Zytron 300 Level B garment 5X 3

Z3H570-TAN / Kappler Zytron 300 Level B garment 6X 3

Z3H570-TAN / Kappler Zytron 300 Level B garment 7X 3

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

SSJ No.: XXX-XX -

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.

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

CDP intends to procure a brand name only specification for the Kappler chemical protective garments identified in Table A under the authority of 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C.

501, Services for Executive Agencies. Pursuant to FAR Subpart 13.501, this brand name specification must be used because existing quantities of Kappler PPE Levels A and B garments are insufficient to sustain training operations in the FY2018.

Toward meeting the training requirement, CDP’s Program Office researched the commercial market for PPE in mid-2017, a foundational effort preceding the initial procurement of Kappler’s totally encapsulating, chemical protective Levels A and B garments that are aligned, in part, to 29 CFR 1910.120, Appendix B. Indeed, the Program Office found Kappler’s garments superior to those of its competitors.

The Program Office asserts a brand-name only acquisition fiscally prudent and logistically reasoned.

Supplemental Kappler garments must be procured and implemented to remain aligned with existing training configurations in technician- and operations-level training at CDP. Introducing competitors’ products at this point is imprudent because of the limited amount of time for instruction on functionality and configuration, conveying to students the varying nuances, capabilities and limitations, and then applying the knowledge by donning and training in the PPE. Additionally, procedures related to logistics, storage requirements and training of support personnel have been developed and implemented into COBRATF-centric Standard Operating Procedures (SOP). An introduction of competitors’ products would ideally require a wholesale replacement of the Kappler garments already on hand, a resultant action that is undeniably cost prohibitive/duplication of cost to the Government.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. (The discussion should include whether a FedBizOpps notice was or will be publicized, as required by FAR Subpart 5.301, 6.305(a). If the justification covers a brand name item, this section should address compliance with FAR 5.102(a)(6)).

A combined synopsis/solicitation will be posted to FedBizOpps (FBO) as a brand name only 100% total small business set-aside.

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 has determined that posting the combined synopsis/solicitation to FedBizOpps for the chemical protective garments depicted herein will ensure the maximum amount of competition.

Through competition a fair and reasonable price will be achieved. In addition, commercial price lists

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

SSJ No.: XXX-XX -may be available, as well as previous acquisition history may be considered in determining the price fair and reasonable. The resulting contract will be placed in accordance with FAR Subpart 13.501.

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. Toward meeting the training requirement, the Program Office researched the commercial market for PPE, totally encapsulating, chemical protective Levels A and B garments that are aligned, in part, to 29 CFR 1910.120, Appendix B.

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. (You must explain why technical data packages, specifications, statements of work, or purchase descriptions are not suitable for enhancing competition or not available.

Discuss why your requirement cannot be modified to increase competition. If you are contending only one source can meet the Government’s minimum need, you must document the reason why and describe the extent to which the Government will be harmed if not acquired from that vendor. Address any potential duplication of cost, if applicable.)

Procuring and implementing competing brands at this point could plausibly entail a wholesale replacement of Kappler garments already implemented in unique fashion in toxic agent training. CDP has purchased and implemented into training hundreds of protective garments with a value greater than $200,000. Accompanying risks and certainty of cost duplication to the Government points strongly toward a brand name only acquisition competed amongst interested small businesses.

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

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 government intends to procure new protective garments in the years ahead. This will allow the Government to seek competition in future acquisitions for the same type of equipment, thus eliminating the barriers to competition.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

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

SSJ No.: XXX-XX -

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:

__N/A_____________________________________ _____________________ Competition Advocate Date $650K to not exceeding $12.5 mil

_____N/A_________________________________ _____________________ 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).

____N/A__________________________________

CPO: over $62.5 mil Date