JA FAR 13.106 FY22-30 XBox Test fixtures DPG 08042022_signed_REDACTED.pdf

CUI//SP-PROCURE//FEDCON

Control No: FY22-30

CUI//SP-PROCURE//FEDCON

Apr 2021

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Mission & Installation Contracting Command - Dugway Proving Ground (MICC-DPG)

2. Description of Action: Provide 5 each X-Box CWA containment systems, deliver/install X-Box to DPG Lab 103, provide engineering support for the design of the SMARTMAN/BOOT & GLOVE Test Chamber/Fixture, disassemble, relocated, re-assemble, and retest SpitFire test fixture in lab 103.

Nature: ☒New Requirement ☐ Follow-on Requirement

Contract Vehicle: ☒ Purchase Order Number W911S6-22-P-TBD

☐ Blanket Purchase Agreement (BPA) Number ☐ Order/BPA# against FSS Contract # ☒ Order # against Multiple Award IDIQ Contract

Name or #

☐ Order # against a single award IDC Contract

☐ Modification # to existing PO/TO/DO/Call Order

Pricing/Contract Type: ☒ Fixed Price ☐ Time & Materials/Labor Hours

☐ Cost Reimbursable ☐ Hybrid

Funds: ☐ Operations & Maintenance, Army (OMA) ☒ Other Funds: RDTE

Name of Proposed Contractor(s) and Address:

Flow Science, Inc.

2025 Mercantile Drive

Leland, NC 28451, (910) 322-4855

Brand Name Buy: ☒ Yes ☐ No

3. Description of Services or Supplies: West Desert Test Center, DPG, has a requirement for the following:

Fabricate a Negative Pressure X-Box (5 each) for the storage of CWA contaminated/decontaminated materials/equipment in support of lab 103.

Deliver and install X-Box systems at DPG, Provide engineering support in conjunction with DPG engineering group for the design of the SMARTMAN/BOOT & GLOVE test chamber/fixture for final design product that will be used for future build award.

CUI//SP-PROCURE//FEDCON

Disassemble, relocate, re-assemble and retest SpitFire test fixture from lab 103.

Period of Performance: June 2023

Total Value:

4. Authority: Select the appropriate authority below:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold

(SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or, ☐ FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable

☐ FAR 8.405-6(a)(1)(i)(C) Logical Follow-on ☐ FAR 8.405-6(b)(1)Brand Name

Or, ☐ FAR 16.505(b)(2)(i)(A) Urgency

☐ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☐ FAR 16.505(b)(2)(i)(C) Logical Follow-on ☐ FAR 16.505(b)(2)(i)(D) Minimum Guarantee ☐ FAR 16.505(a)(4) Brand Name

5. Reasons for Authority Cited:

a. Flow Sciences Inc. is a designer and builder of specialized containment systems used in support of West Desert Test Center (WDTC) Chemical Warfare Agent (CWA) test chambers/fixtures. Flow Sciences were contracted to engineer, construct, and deliver SpitFire 1 and SpitFire 2 stainless steel negative pressure, environmentally controlled test chambers under contract W911S2-18-P-0001 and W911S6-21-P-0003.

These specialized chambers were designed and constructed IAW strict US Army Chemical Warfare Agent testing and safety standards. In order to maintain compatibility with existing Chemical Test Division specialty chambers and fixture, Flow Sciences is the standard and only vendor that is capable of the design and construction of the X- Boxes, relocation/retest of their provided SpitFire test chamber and the engineering capability to provide design/engineering of the new upcoming SMARTMAN/BOOT & GLOVE test chamber/fixtures.

b. For a brand name restriction – The Flow Sciences X-Box CWA contaminated/decontaminated storage systems are Flow Sciences originally designed products specifically engineered for the Lab 103 upgrade project and are not commercial off the shelf (COTS) items. However, commercially available products are being used in the fabrication.

CUI//SP-PROCURE//FEDCON

c. Only Flow Sciences can provide the specially design/engineered X-Box systems for lab 103 upgrade. If Flow Sciences is not awarded this contract, there would be a year or two delay to find another vendor with the engineering expertise and capability to provide this product and would cost the government well over $600K in setback and delay cost.

d. The Flow Sciences X-Box CWA contaminated/decontaminated storage systems are Flow Sciences originally designed products specifically engineered for the Lab 103 upgrade project and are not commercial of the shelf items.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☐ do not apply due to the $ threshold, ☒ apply and will be followed, or ☐ do not apply due to an exception at 5.202

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

☐ Action is NOT a brand name restriction and is under $250K, no posting required.

☐ Action is a brand name restriction, under $25K, no posting required.

×Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

☐ Action is a brand name restriction over $25K but will not be posted due to exception:

☐ FAR 6.305(f)

☐ FAR 8.405-6(b)(3)(iii)(A)

☐ FAR 8.405-6(b)(3)(iii)(B)

☐ FAR 8.405-6(b)(3)(iii)(C)

☐ FAR 16.505(a)(4)(iii(C)

7. Market Research: Other vendors have not been found by internet survey that can produce a similar item nor a system that has already been verified and validated as an approved Chemical Warfare Agent Swatch test fixture containment system. The previous coordination by the vendor and WDTC personnel regarding the construction, materials and containment requirements have already been established.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a sources sought was posted to Sam.gov Contract Opportunities on 08/10/2022 for 5 days and the results were no interest from industry.

8. Other Facts: Other negative pressure systems manufactured by Flow Science, Inc.

have already been verified and validated by ATEC and AEC as an approved WDTC CWA test fixture. To establish a new vendor will increase the cost by $600K and 200 days delay for re-verification/validation of a new like system.