70Z08421QBB501000 Justification and Approval Template for FAR 6.3 v1.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 2304

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3, the following facts and rationale justify the use of such authority:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Director of Operational Logistics, Mission Essential Personal Equipment Product Line (MEPE PL) (DOL-44) prepared this justification for other than full and open competition.

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

(a) Nature of the action: Because the 8038 is the only instrument that uses ambient air particles in the testing environment to calculate a fit factor, the USCG intends to procure it on a sole source basis..

(b) Name and address of the contractor:

TSI INCORPORATED

500 Cardigan Road Shoreview MN 55213

(c) Type of action: Firm Fixed-Price Contract,

(d) Estimated total value (including options): Provide breakdown as shown below:

Description of Supplies Quantity Unit Price Total

PortaCount Pro + Model 8038

30.

$13,879.00

$416,370

Total $416,370

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2021

(g) Solicitation number: 70Z08421QBB501000

(h) Background information about the requirement: The PortaCount is the respirator fit testing equipment used by the USCG to conduct quantitative fit testing for USCG personnel for gas masks, SCBAs, disposable respirators, and other types of respirators including N95 masks

3. Description of Supplies/Services.

Quantitative Respirator fit testing device evaluates real-time fit while the user conducts a series of moving, breathing, and talking activities meant to mimic field motions. The instrument guides you through the fit test with step-by-step instructions. Passing a real-time quantitative respirator fit test verifies that the face piece is appropriately fitted and worn, as well as providing important training opportunities. All varieties of respirators, including N95 filtering face piece respirators, may be tested with the PortaCount Respirator Fit Tester. It's simple to create reports after the fit test is finished. The findings of the tests are stored in a database for later retrieval and regulatory compliance. Mask integrity testing aids in the detection of leaks and the correct operation of a face piece.

The Mask Integrity Test Accessory (MITA) evaluates full-face respirators and chemical, biological, radiological, and nuclear defense (CBRN) gas masks in conjunction with the PortaCount Respirator Fit Tester.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. FAR 6.302-1 (c ). The statutory authority permitting other than full and open competition is 10 U.S.C. § 2304(c)(1) implemented by the FAR Subpart 6.302-1 (c ) entitled “Application for Brand Name Descriptions”

5. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

TSI Incorporated is the manufacturer of the Quantitative Respirator Fit Tester Model 8038 PortaCount Pro Plus and is the sole source service provider of this equipment. Currently, the USCG has 57 PortaCount 8030s and 21 PortaCount 8038s in its inventory, with a total value of $958,141. Additional units will boost the USCG's capabilities and help them satisfy the standards IAW COMDTINST M6260.2D, PRACTICES FOR RESPIRATORY PROTECTIONT and the protect safety and environmental health, the Coast Guard requires 30 additional PortaCount 8038s to re-capitalize the aging model 8030 Quantitative Respirator Fit Testes. Thru the standardization of the testing equipment and providing only one standard testing platform, the cost of training and maintenance for CG staff will be reduced, the danger of wrong testing will be reduced, and multiple service contracts for repair would be not be required.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable.

The estimated date of publication is 9/17/2021.

7. 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 market research conducted.

8. Description of Market Research.

On the internet, a list of suppliers that might be able to provide the TSI Quantative fit testing equipment or a compatible item that would be IAW COMDTINST M6260.2D was discovered. According to market research, the equipment is produced by a single manufacturer and sold by a number of distributors. To assist consumers, price lists for the PortaCount Model 8038 and other wholesalers who provide similar supplies were compared.

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

The need is for TSI INC to provide high-quality respiratory fit testing equipment. If the contract is not granted to TSI, the replacement contractor must supply new quantitative respiratory fit testing equipment in accordance with COMDTINST M6260.2D, PRACTICES FOR RESPIRATORY PROTECTIONT. Many various types of respirators, including gas masks, SCBAs, respirators, and even disposables, are quantitatively fit evaluated (for fit testing N95 disposable respirators,). The PORTACOUNT PRO Respirator Fit Tester replaces time-consuming qualitative fit testing methods. If fit testing is required, the PORTACOUNT PRO will provide the fastest, easiest, and most accurate OSHA results. The cost of standardizing the present field repository of fit testing machines and backup machines, which totals 78 pieces of equipment, is anticipated to be in excess of one million dollars.

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

• A synopsis will be issued on 15 September 2021 and based on Market Research conducted there are three small business concerns that expressed their interest in writing to the contracting officer.

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.

(a) Will the Government revise overly technical specifications, acquire data rights, etc.?

The USCG is replacing aged fit testing respirators in the field with a single type, guaranteeing field compatibility. Only one provider can supply the model PortaCount 8038, for which the field has been trained and skilled Market research indicates that once this criterion is replaced, a minimum of three distributors will be able to compete for this requirement.

13. Contracting Officer’s Certification.

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.

Name Date Contracting Officer

14. Technical/Requirements Personnel Certification.

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

Name Date Technical Representative/COR

APPROVAL:

Final approver if total estimated value does not exceed $750K and Signature still required here if total estimated value exceeds $750K:

Name Date Contracting Officer