DCAT_JA_redacted.pdf

J&A Number:

SOURCE SELECTION SENSITIVE – SEE FAR 2.101 AND 3.104

Code:

JUSTIFICATION AND APPROVAL

TO PROCURE USING OTHER THAN FULL AND OPEN COMPETITION

Justification

1. Contracting Activity:

The Naval Sea Systems Command, Naval Surface Warfare Center Panama City Division (NSWC PCD), Contracts Department, Code , 110 Vernon Avenue, Panama City, FL 32407-7001.

2. Description of the Action Being Approved:

Award of a Blanket Purchase Agreement (BPA) on a sole source basis to Tri Air Testing Inc. (small business), 1801 Central Commerce Ct., Bldg. 2, Round Rock, TX 78664, for air test kits and results in support of the Defense Compressed Air Testing

(DCAT).

3. Description of Supplies or Services Required to Meet the Agency’s Needs (including estimated value):

This procurement is for the award of a BPA as follows:

CLIN Description Estimated

Quantity Estimated Price

Base Test Kits, Kit Transportation, Website Maintenance, Sample Testing

2,100 $

Option 1 Test Kits, Kit Transportation, Website Maintenance, Sample Testing

2,100 $

Option 2 Test Kits, Kit Transportation, Website Maintenance, Sample Testing

2,100 $

Option 3 Test Kits, Kit Transportation, Website Maintenance, Sample Testing

2,100 $

CLIN Description Estimated Quantity

Estimated Price

Option 4 Test Kits, Kit Transportation, Website Maintenance, Sample Testing

2,100 $

The estimated total price for this contract including options is $ . The Government’s minimum needs have been verified by the certifying technical and requirements personnel. The contract action will be funded with FY22 – FY26 Operations, Maintenance and Navy (OM&N) funds.

4. Statutory Authority Permitting Other than Full and Open Competition:

Pursuant to FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C.2304(c)(1).

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited:

The DCAT program was developed to support the NAVSEA sponsored, NSWC-PCD managed, defense compressed breathing air testing program. This is a program for the periodical verification requirements of compressed breathing air quality for several branches of the Department of Defense (DoD). This requirement will provide for compressed air sample kits, kit transportation, sample testing, and a secure website and its maintenance that allows for the efficient ordering of sampling kits and the generation of various reports. This acquisition is unsuitable for full and open competition because Tri Air Testing Inc. has been identified as the only source that possesses the required analyzing kits currently in use by the DoD, has the required American Industrial Hygiene Association – Laboratory Accreditation Programs (AIHA-LAP, LLC) accreditation, compliances ISO/IEC 17025 General Requirements for the Competence of Testing and Calibration Laboratories with ANSI/ISO/ASQ 9001-2000 Quality Management Systems Requirements -and Tri Air Testing Inc. is the only source meeting DCAT requirements through a dedicated web-based interface allowing the ordering, delivery, tracking, and monitoring of samples to consequently publish results in the portal. Moreover, the NSWC PCD Technology Division personnel, Code , estimates that another company would need to invest a minimum of three months and an estimated cost in excess of $ to develop a similar secure website. Additional time may be required for testing and fielding of the website. Timely development, testing and fielding of a secure website are essential to the DCAT program.

The website is the primary method for ordering sample kits and communicating to military personnel the results, which allows for safety decision making supporting diving missions. The air testing is a mandatory requirement for the U.S. Army, U.S. Coast Guard, U.S. Marine Corps, and the U.S. Navy. It is used for various applications; many of them are the deciding factor for equipment use (aviation, damage control, and diving), approval to get underway, and approval to proceed with operations. As such, to continue lifesaving requirements as prescribed by DCAT for diving operations, it is in the Government’s best interest to establish the BPA on a sole source basis to Tri Air Testing Inc.

Since 2014 this requirement was solicited as a sole source to Tri-Air Testing in 2019 (Solicitation N61331-19-R-0006) and competed in 2014 under Solicitation N61331-14-T-5501 with two offers submitting proposals but only Tri-Air Testing’s proposal was awardable. Both solicitations were advertised in the government point of entry. Neither of these proposed contract actions generated other industry or small business sources capable of meeting the DCAT program requirements.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable:

A Sources Sought Announcement (N61331-22-SN-Q09) was posted on the Commercial Opportunities website at SAM.gov on 10 December 2021 through 21 December 2021, without generating any viable small business sources to meet the DCAT requirements, as follows:

As a result, the contracting activity does not expect additional sources to emerge capable of meeting the requirements of this proposed contract action as supported by these findings.

7. Determination that the Anticipated Cost to the Government will be Fair and Reasonable:

The Contracting Officer will determine that the anticipated price to the Government for the supplies covered by this J&A will be fair and reasonable by implementing one or both of the following:

8. A Description of the Market Research Conducted and the Results:

For the reasons set forth in Paragraph 5, NSWC PCD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWC PCD will assess whether competition for future requirements is feasible.

9. Any Other Facts Supporting the use of Other than Full and Open Competition:

None.

10. Actions to Remove Barriers to Competition:

For the reasons set forth in Paragraphs 5 and 6, NSWC PCD has no plans at this time to compete future contracts for the types of supplies and incidental services covered by this document. If another potential source emerges, NSWC PCD will assess whether competition for future requirements is feasible.

SIGNATURES FOLLOW THIS PAGE

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification I hereby approve, as Competition Advocate of the Procuring Activity, the solicitation of the proposed procurement using other than full and open competition, pursuant to the authority of 10 U.S.C.2304(c)(1).

Justification