Justification and Approval - Breathing Air Compressor.pdf

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JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204(a)(1)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) 6.103 (FAR Class Deviation 25-11) and in accordance with the requirements of RFO 6.104, the justification for the use of the statutory authority under RFO 6.103 is justified by the following facts and rationale required under RFO 6.104-1 as follows:

The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a)(1), implemented by RFO Subpart 6.103-1.

1. Agency and Contracting Activity.

Department of Homeland Security, United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC), proposes to enter into a contract on a basis of other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action:

Nature of the action: USCG intends to procure on a brand-name basis, restricting competition to authorized Original Equipment Manufacturer (OEM) distributors of thirty (30) Bauer Compressor Model CD/DV/MU high-pressure portable breathing air compressors.

(b) Name and address of the contractor:

Bauer Compressors, Inc.

1328 Azalea Garden Road Norfolk, VA 23502 Unique Entity Identifier (UEI): JEKASJ7K4PJ1

All authorized Original Equipment Manufacturer (OEM) distributors will be permitted to participate in this acquisition.

(c) Contract Type:

Single award contract, with fixed firm price.

(d) Estimated total value (including options):

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Period Unit Price Total

Base Year

12 mo.

(e) Type of funding: Operations and support funds

(f) Year of funding: Fiscal Year 2026

(g) Solicitation number: 70Z04026Q62113Y00

(h) Background information about the requirement:

Historically, portable diving compressors have been procured under decentralized, localized station-level purchase orders. This procurement consolidates the modernization and replacement of thirty (30) aging, standardized breathing air systems for Coast Guard afloat fleet and Shore side support facilities. There is no active previous centralized contract for these specific items, and this requirement represents a one-time standardization effort.

Recent and relevant contracts:

70Z04025PSP061Y00 is a contract that was awarded to Bauer Compressors, Inc, OEM of CD/DV/MU Breathing Air Compressor for five (5) CD/DV/MU Breathing Air Compressors. Awarded 07/29/2025. The total value of this contract is $86,488.10.

70Z04024P50291B00 is a contract that was awarded to Bauer Compressors, Inc, OEM of CD/DV/MU Breathing Air Compressor for ten (10) CD/DV/Navy Breathing Air Compressors. This is the legacy model that CD/DV/MU has replaced. Awarded 09/17/2024. The total value of this contract is $82,946.50.

3. Description of Supplies/Services.

This requirement is for the procurement of CD/DV/MU Breathing Air Compressors to be used on Coast Guard Cutters to meet Safe-to-Sail requirements.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a)(1) implemented by the RFO Subpart 6.103-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

Note: In accordance with RFO 6.104-1, this justification is executed on a brand-name basis because the unique specialized safety certifications are specific to this manufacturer, while competition will be conducted among all authorized OEM distributors.

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5. Identification of Exception to the Buy American Statute.

Not applicable. The items to be acquired are domestic end products manufactured in the United States by Bauer Compressors, Inc. at their facility in Norfolk, Virginia.

Consequently, no exception to the Buy American exists.

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

Bauer Compressors, Inc. is the sole designer, developer, and manufacturer of the CD/DV/MU compressor model. The system is specifically engineered to meet strict military and maritime performance standards, which are not present in standard commercial off-the-shelf (COTS) diving compressors.

To ensure diver safety during hazardous life-support operations, USCG dive regulations mandate the use of high-pressure breathing air systems that have been evaluated and certified on the Department of the Navy's "Authorized for Navy Use" (ANU) list (maintained by NAVSEA 00C). The Bauer CD/DV/MU has undergone extensive testing by the Navy Experimental Diving Unit (NEDU) and is fully approved on the ANU list.

Standardizing on this specific certified model across thirty (30) stations ensures Unified Fleet Safety and Standard Operating Procedures (SOPs) allowing Divers rotating across different cutters and sectors to operate identical, familiar life-support equipment, minimizing operational risks. Additionally, spare parts (such as P1 purification cartridges, gasket sets, and intake filters) are standard stock items with established National Stock Numbers (NSNs) and are highly interchangeable across the Coast Guard's existing inventory.

While diving compressors are available in the commercial marketplace, none of the available portable diesel models possess the NAVSEA ANU safety certification, nor do they meet the specialized marinized configurations (e.g., nickel-plated brackets, specialized shock and vibration resistance, and visual CO/moisture indicators integrated into a lightweight frame under 270 lbs.). Procuring a non-ANU certified alternative would require sending the system to the Navy Experimental Diving Unit (NEDU) for a full safety and purity evaluation. This certification process takes an estimated 18 to 24 months, costs between $150,000 and $250,000 in non-recurring testing fees, and carries no guarantee of successful approval. This duplicated cost and deployment delay are unacceptable and cannot be recovered through competition.

If this justification is not approved, the USCG will be unable to replace aging, unserviceable portable compressors currently in service. Deployed cutters and shore sectors would face immediate shortages of certified breathing air, causing the grounding of USCG dive teams and specialized emergency response teams (including cutter damage control and shipboard firefighting units reliant on standardized life-support air fill stations). This would disable critical operational capabilities, including general emergency aboard ship, search

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7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

(a) An entry was made in the Acquisition Planning Forecast System (APFS) under tracking number F2026074255 and was posted on 7/24/2026. No responses were received.

(b) An announcement has not been previously made in SAM.gov for this specific requirement.

(c) A combined synopsis/solicitation is planned for posting on SAM.gov on or about August 24, 2026, which will explicitly state that competition is restricted to authorized OEM distributors of Bauer Compressors, Inc. in accordance with this Brand Name Justification.

(d) Not applicable, as an announcement will be published.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on comparison with the IGCE and comparison between proposals received. The contracting officer may request other than certified cost or pricing data in accordance with RFO Part 15.

9. Description of Market Research.

In accordance with RFO Part 10, market research was conducted during the period of June 2026 – July 2026 by the Contracting Officer’s Representative (COR) which included review of previous and existing contracts; and contacting of OEM for a listing of authorized distributors. While breathing air compressors may exist in the commercial marketplace, the Government does not possess the necessary technical and engineering data required to evaluate alternate compressors to ensure form, fit, and function with existing equipment.

Results of market research indicate several OEM distributors are available that can provide these compressors.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The proprietary nature of the OEM’s data prevents the Government from obtaining the specifications needed for third party manufacturing. The price for obtaining the necessary rights to all data is unspecified as the OEM refuses to sell their proprietary information.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the

Acquisition.

Market research was conducted to identify qualified sources capable of meeting the Coast

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Guard’s technical and specialized safety certification requirements. A Sources Sought Notice was posted on SAM.gov from August 11, 2026, to August 17, 2026. Evaluation of the incumbent vendor and the RFI results revealed the following sources:

Bauer Compressors, Inc. (Incumbent Vendor) 1328 Azalea Garden Road Norfolk, VA 23502 Unique Entity Identifier (UEI): JEKASJ7K4PJ1

BHPE LLC | Begini Howard Private Equity 10601 S. Western Ave, Oklahoma City, OK 73170 Unique Entity Identifier (UEI): UPDJHPJUYQ71

Evolvee USA Inc. DBA Quantum Byte Global 25411 Driftwood Harbor LN, Tomball TX 77375 Unique Entity Identifier (UEI): CVPYNL2A7K63

12. 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.

The USCG SFLC will continue to monitor the maritime breathing air marketplace for emerging technologies and newly certified systems. The USCG regularly coordinates with the Navy Experimental Diving Unit (NEDU) to track other commercial manufacturers who may seek NAVSEA ANU certification. If another manufacturer obtains equivalent certification and develops a marinized diesel-driven system meeting identical physical and safety requirements, subsequent procurements will be completed.

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WINGATE.JAMES.AN Digitally signed by

DREW.1045118866

WINGATE.JAMES.ANDREW.10451

18866

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.

James Wingate Date Technical Representative

14. Contracting Officer’s Certification and Approval

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

ALLEN.YOHANNA.JOLENE Digitally signed by

.1616771341

ALLEN.YOHANNA.JOLENE.1616771341

Date: 2026.08.28 08:06:01 -04'00'

Yohanna Allen Date Contracting Officer