B8 Redacted SSJ.pdf

Subj: SOLE SOURCE MEMORANDUM TO ACQUIRE PORTACOUNT PLUS 8020M – MILCBRN MASK

AND TESTER FROM TSI INCORPORATED

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.”

This is a sole source justification. Contracting activity is the Naval Sea Systems Command, Naval Surface Warfare Center, Panama City Division (NSWC PCD), 110 Vernon Avenue, Panama City, FL 32407-7001.

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

This action will award a firm fixed price purchase order, on a sole source basis, to TSI Incorporated, 500 Cardigan Road, Shoreview, MN 55126 for the acquisition of the PortaCount™ Respirator Fit Tester with Military Protocol Software installed to conduct Quantitative Fit Testing (QNFT) of the M50/M51/M53/M53A1 Masks in lieu of the MK 46 Joint Service Mask Leakage Tester (JSMLT) or M41 Protective Assessment Test System (PATS) which are currently approved by the U.S. Navy.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The following items and support are being acquired:

Item Item Qty

001 PortaCount Plus 8020M-MIL (Modernized) 10 each

This acquisition will be conducted using simplified acquisition procedures. The Government's minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements.

4. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service. 10 U.S.C. 2304(c)(1), 10 U.S.C.

2304(d)(1)(B). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements FAR 6.302-1(a)(2)(iii)(B).

Pursuant to FAR 6.302-1(a)(2)(iii)(B), this procurement is sole source for the following reasons. The PortaCount Plus 8020M-MIL is manufactured exclusively by TSI Incorporated. Additionally, due to the military version being acquired, TSI Incorporated is also the sole distributor of the PortaCount Plus 8020M-MIL. The items requested are military grade instruments that are not sold through distribution channels or resellers. TSI only sells the 8020M directly to the government under contract. NSWC Panama City Division compared QNFT of the M50/M51/M53/M53A1 Masks using the PortaCount™ Respirator Fit Tester with Military Protocol Software installed and the M41 PATS. The comparison found that the primary differences between the machines were cosmetic, related to military hardening of the M41 PATS for deployment transport. It was identified that the PortaCount™ Respirator Fit Tester is a commercial variant of the original military design of the M41 PATS.

Analysis by cognizant Government personnel confirmed that the operation and performance are the same between the two versions when the Military Protocol Software is installed in the PortaCount™ Respirator Fit Tester.

Additionally, the USCG has authorized and is currently using the PortaCount™ Respirator Fit Tester with Military Protocol Software installed for QNFT of their M50 JSGPM and M53 masks. The risk that a Sailor will be issued a mask that doesn’t fit after completing size and fit protocols with the PortaCount™ Respirator Fit Tester was assessed and is equivalent to the risk assessed for the JSMLT and M41 PATS. The JSMLT and M41 PATS will be obsolete by FY30, therefore, it is imperative the PortaCount™ Respirator Fit is acquired to ensure a smooth transition for Navy Mask Fit Testing. This is currently the only solution deemed acceptable.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b).

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

For the reasons specified in paragraph 4 above, TSI Incorporated is the only source that will meet the Government’s needs. Additionally, this requirement will be posted in the Government Point of Entry website SAM.gov

7. Any other facts supporting the justification.

None

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

For the reasons specified in paragraph 4 above, TSI Incorporated is the only source that will meet the Government’s needs.