HDTRA1-15-T-0018_J A_4-16.pdf

1 Enclosure 1

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

1. Description of action

The Defense Threat Reduction Agency contracting activity proposes to procure without using full and open competition an effort entitled “Golden X-Ray Generator Repair and Maintenance” to make repairs and perform maintenance, as needed, on government owned Golden Engineering portable x-ray generators.

2. Description of the supplies/services required

DTRA J9/CXC supports research and development of counter WMD technology to combat threats facing the DoD Geographical Combatant Commanders. J9/CXC endeavors to enhance the Combatant Commander's capability to respond to conventional and Chemical, Biological, Radiological, Nuclear Improvised and Conventional Explosive Devices.

Golden Engineering manufactures four models of light and medium weight portable x-ray generators, XR150, XR200, XRS-3, and XRS-4, that are used by DoD EOD units worldwide and are integral to two CXC/J9 projects. CXC’s two development efforts, Nickel Ruby (NR) and

Foil Ruby (FR), focus on identifying and proofing improvements in x-ray generator and imaging technologies that are in development or that are commercially available.

The requirement for testing and evaluating light and medium weight x-ray generators and imaging systems identified to support DoD Explosive Ordnance Disposal (EOD) forces is very demanding. The Golden Portable X-ray systems in use by DTRA in support of NR and FR are sometimes intentionally run until they fail or they are used beyond their rated capacity during testing of both the x-ray generators and associated imaging systems. Due to the nature of the testing the need to repair and have routine maintenance performed on these generators is paramount to project success.

3. Statutory Authority

The statutory authority for this non-competitive action is 10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation 6.302-1, Only One Responsible Source, and Section 4202 of the Clinger-Cohen Act of 1996 (for commercial supplies and/or services)

4. Applicability of Authority

This procurement meets the Simplified acquisition threshold” exception (2.101) for acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (41 U.S.C. 428a), the term means:

$250,000 for any contract to be awarded and performed, or purchase to be made, inside the United States.

The acquisition will be used to fulfill a standing requirement supporting J9/CXC tasks in combating and defending against CBRN WMD.

Defense Threat Reduction Agency

8725 John J. Kingman Drive, MS 6201 Ft. Belvoir, VA 22060-6201 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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5. Effort to Solicit Potential Sources

RFQ released on FEDBIZOPPS on 14 April 2015.

6. Fair and Reasonable Costs

The anticipated cost/price of this contract action to the Government will be determined to be fair and reasonable based on published price lists, government estimates, and historical data.

7. Market Research

An extensive market survey was conducted through FEDBIZOPS and nothing currently exists on the commercial marketplace that can meet the user requirements and replace the currently fielded technology.

Report on Market Survey Results for Hand Held Radiography, NSTD-11-0509, was conducted by John Hopkins University Applied Physics Laboratory in July 2011.

Based on the aforementioned facts and data, Golden Engineering, Inc. is the only source capable of performing the repair and maintenance of these devices.

8. Other Facts

Golden Engineering is the manufacturer, sole distributor, and only company authorized to conduct repair and maintenance in North America. Golden Eng holds the patents and technical data rights to the products.

9. Interested Sources

Project is not expecting interest from sources other than Golden Engineering, Inc. Golden

Engineering, Inc. is categorized as a Small Business and is the only authorized vendor to perform repair or maintenance on their products.

10. Subsequent actions

After the x-ray generator(s) have been repaired they will be returned to the government for continued support to both the Nickel Ruby and Foil Ruby projects..

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Technical Certification

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Project Manager Date

Contracting Officer Certification & Determination

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

4/15/2015

X Shreena Lyons

Contracting Officer

Signed by: LYONS.SHREENA.LORRAINE.1144950301