JA FINAL_Redacted.pdf

J&A No. 20-00034

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

This justification is executed by the Naval Medical Logistics Command (NMLC), Fort Detrick, MD, on behalf of the Navy to meet the requirements of the Naval Hospital (NH) Bremerton.

2. Description of the Action Being Approved.

Award of a sole source contract to include one hundred fifty (150) air purifying respirator systems with large battery life, filter cover cap, battery charger kit, comfort strips, filters, cuffs, shrouds and hoods, in support of NH Bremerton. The proposed source is Bio-medical Device International, Inc. (BMDI), 17171 Daimler Street, Irvine, CA 92614.

3. Description of Supplies/Services.

Acquisition of reusable air purifying respirator and sufficient consumables to support operations for 30 days is required to maintain command readiness in the event of an infectious outbreak or pandemic.

Required standardized inter-operability with regional facilities per recommendation by area Emergency Management due to the current COVID pandemic. The following is a breakdown of the estimated quantities for a one time delivery by 30 September 2020:

150 air purifying respirator systems with large capacity battery. This system includes helmet, helmet liner, 12-15hr battery, charger, and battery belt;

50 Boxes of filter cover cap, (box of 3);

7 Boxes of high fluid resistant filter cover cap (box of 3);

30 Lithium Ion 12-15 hour battery;

5 Li-Ion battery charger kits (holds 6 battery chargers);

50 Boxes of comfort strips (box of 36);

2 Adapters and rivet kits;

4 Boxes of helmet turn lock connector kit (10 each) 4 Boxes of filter cover cap adapter kit (30 U clips 15 T posts) 50 Boxes of XP pleated filter cartridge (box of 3);

100 Boxes of disposable lens cuff lens/cuff, MED/LG, (box of 40)*;

50 Boxes of disposable lens cuff lens/cuff, SM/MED, (box of 40)*;

40 Boxes of disposable lens cuff shroud MED/LG (box of 20)*;

7 Boxes of disposable lens cuff shroud SM/MED (box of 20)*;

27 Boxes of hood, single shroud MED/LG, (box of 20);

27 Boxes of hood, double shroud, MED/LG, (box of 20);

*Brand name items related to MAXAIR Systems controlled air purifying respirator (CAPR).

Defense Health Program O&M funds in the amount of will be used to procure the air purifying respirator systems and consumables.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C.

2304(c)(2) Unusual and Compelling Urgency. See also, 41 U.S.C. 1901 (see also FAR 13.501(a)).

5. Rationale Justifying Use of Cited Statutory Authority.

NHB’s current supply of air purifying respirators are severely depleted and will not meet NHB’s needs to provide proper patient care and meet employee safety needs past September 2020. Rationing PPE goes against well-established protocols designed to improve infection control. NHB is seeing more patients expending NHB’s resources quickly. The current supply of air purifying respirators at NHB are becoming scarcer and are obsolete, further diminishing the quality of care and increasing the likelihood of poor outcomes. If NHB’s physicians, nurses and corpsmen become incapacitated due to a lack of needed air purifying respirators and related consumables, all patients, not just those with COVID-19, will suffer greater mortality and years of life lost. When BMDI air purifying respirator systems were purchased for NHB in 2010, NHB had made assumptions regarding the amount of systems and consumables NHB would need to sustain 200 air purifying respirator systems all simultaneously running 24 hours, 7 days a week with an anticipated critical supply chain failure of up to 45 days. What NHB hadn't anticipated was the BMDI discontinuing the powered air purifying respirator (PAPR) 700 series models that NHB and many of the local military and civilian MTFs are using. BMDI is the sole distributer for both the MAXAIR CAPR and consumables required for proper operation. Due to the COVID-19 pandemic, the global supply of N95 respirators is dangerously low and current purchases via normal supply chains are backordered. Consumables for the currently used PAPR model are no longer being manufactured.

MAXAIR Systems CAPRs are available, with sufficient consumables to support COVID-19 operations.

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

Market research was conducted by technical experts (3/2020). This research consisted of reviews of known open market contractors, ECAT, and Federal Supply Schedule contractors. Search engines utilized include Google, Bing, GSA Advantage, ECRI, FBO, and SAM.

The market research team contacted vendors listed in GSA by phone and email, as well as via open market internet contact forms to provide quotes and availability estimates. Vendors identified and contacted are as follows:

ITC Electronics –unable to provide NHB with an expected date or shipping.

3M –not available within the next 6 months Mallory Safety Supply –does not have an estimated delivery date on the units (from the manufacturer) CEI –no set estimated time of arrival.

Bio-medical Device International, Inc. (BMDI) –available to deliver by 30 September 2020.

NHB is requesting to purchase a new air purifying respirator system and the consumables to in order to sustain COVID testing and treatment response efforts.

Based on market research BMDI is the only company with the ability to deliver the air purifying respirator system and consumables by 30 September 2020. NHB’s current supply of air purifying respirator systems are severely depleted and will not meet NHB’s needs to provide proper patient care and meet employee safety needs past September 2020. All other vendors have no delivery dates within the next few months. NHB’s COVID working group requires purchase and delivery as soon as possible to be able to handle the increased case load of COVID cases in the area. NHB’s COVID working group requires inter-operability within the region to include Oak Harbor, Madigan Army Medical Center, and St Michael’s Medical Center. This will allow the effective collaboration amongst civilian and military assets in the region.

This requirement will not be posted to betaSAM in accordance with FAR 5.202(a)(2). A Notice of Intent (NOI) will not be posted due to unusual and compelling urgency.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NMLC has no plans at this time to compete future contacts for the types of supplies covered by this document. If another potential source emerges, NMLC will assess whether competition for future requirements is feasible. Future requirements will be synopsized in accordance with FAR 5.203.