Justification Protective Coveralls posted.pdf

SPE1C1-20-R-0156 Justification & Approval

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION FOR

PROTECTIVE COVERALLS UNDER THE AUTHORITY OF 10 U.S.C.

2304(c)(2)

1. Defense Logistics Agency (DLA) Troop Support, Clothing and Textile Supply Chain, is the contracting activity.

2. The action being approved is the ability to solicit for DLA requirements on an other than full and open competition basis.

3. Following are the quantities and estimated prices to meet DLA’s requirements:

Item Description: Protective Coveralls with Hood and Socks/Boots; Tyvek 400 Style TY122 or Micro-Max Style CTL414

Size National Stock Number (NSN)

Small/Medium 8415-01-687-2583 Large 8415-01-687-2584 Xtra large 8415-01-687-2585 2X large 8415-01-687-2587 3X large 8415-01-687-2588 4X large 8415-01-687-2590 5X large 8415-01-687-2593 6X large 8415-01-687-2596

*Note: 1 Case = 25 each Coveralls

4. The applicable statutory authority permitting other than full and open competition is 10 USC 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. The use of this authority is necessary to support the Federal Emergency Management Agency (FEMA) in their response to the COVID-19 virus pandemic. The Tyvek 400 TY122 Coveralls or Micro-Max CTL414 Coveralls are essential personal protective equipment (PPE) used by healthcare professionals at COVID-19 test centers, laboratories, patient care facilities and other high risk operations. Health and Human Services (HHS) has approved both commercial protective coveralls for use by COVID-19 test administrators, test analyzers, laboratory technicians, patient care providers and other personnel in high risk environments. This procurement of protective coveralls will enable FEMA to issue orders against existing FEMA Resource Request Forms (RRF) as quickly as possible. The protective coveralls will be made available to individual state government’s COVID-19 test centers, laboratories, patient care facilities and other high risk operations throughout the United States. The completion of the entire protective coverall ensemble rests at the state level with the addition of a Power Air Purifying Respirator (PAPR) or similar airborne respiratory system with gloves. FEMA contacted DLA with this urgent requirement in late July. Through market research DLA found two

(2) manufacturers that meet the American Society of Testing and Materials (ASTM) standard for protective Coveralls that satisfies this urgent requirement. The two companies’ commercial products are DuPont’s Tyvek 400 TY122 Coverall and Lakeland’s MicroMax CTL414 Coverall.

Only these two companies have the capacity to meet the entire urgent requirement of the instant acquisition. The solicitation shall allow for the potential of split awards between the two offers to achieve the fastest delivery of the total quantity.

Given the magnitude of this global pandemic, countries are competing for available PPE for healthcare professionals, exhausting available inventory to include protective coveralls severely straining the supply chain. DuPont and Lakeland are the only two sources that responded to the market survey providing acceptable technical data and supply information stating their ability to meet this urgent requirement.

Without the required protective coveralls testing centers, laboratories, patient care facilities and other high risk operations could be limited or closed, as healthcare professionals will not be adequately protected, putting them at risk of contracting the virus. Further, if the COVID-19 virus is contracted by healthcare professionals due to inadequate PPE, this will also lead to a shortage of healthcare professionals available to perform their duties. Both the Tyvek 400 and MicroMax material provides hydrostatic and surface resistance protection requested by FEMA.

These Coveralls protect the wearer from hazardous materials, including small-sized particles, liquids and aerosols. There are no other known acceptable protective coveralls in the complete size tariff that can meet this urgent FEMA requirement based on market research for the instant acquisition. The solicitation allows for the possibility of a split award to obtain the best overall delivery to meet this urgent requirement.

Protective coveralls are non-stocked items and are only being procured by DLA Troop Support’s Clothing and Textile (C&T) directorate due to the COVID-19 virus pandemic. Currently, there are Blanket Purchase Agreements (BPAs) in place. These BPAs include SPE1C1-20-A- 0002 with Government Scientific Solutions Inc., (0S908), SPE1C1-20-A-0003 with Mallory Safety Supply LLC (686B3), SPE1C1-20-A-0004 with Atlantic Diving Supply, Inc., dba ADS, Inc.

(1CAY9), and SPE1C1-20-A-0005 with All Safe Industries (1FZK7). Furthermore, it is noted that calls issued against these BPAs cannot exceed the simplified acquisition threshold.

At this time, no other alternate commercial product was offered for HHS evaluation for the instant acquisition. Therefore, DuPont, as the sole manufacturer of the Tyvek 400 material, and Lakeland, as the sole manufacturer of the MicroMax material, are the only two known sources with the complete wherewithal to meet this urgent requirement for protective coveralls.

6. In accordance with FAR 5.202(a), this acquisition will not be synopsized. In addition, this justification will be made available for public inspection after award, in accordance with FAR 6.305(b).

7. As the Contracting Officer, I hereby determine that the anticipated cost to the Government will be fair and reasonable based on price analysis, including favorable comparison to previous award prices, which were based on the receipt of adequate price competition.

8. Based on market research from the protective Coverall BPA, two other manufacturers of protective Coveralls equivalent to the Tyvek 400 TY122 and Micro-Max CTL414 were identified. A market survey questionnaire was sent to the manufacturers. However, through follow up market research and a market survey questionnaire it was determined that other sources cannot meet the FEMA urgent requirements. The market survey questionnaire identified the instant acquisition’s required protective coverall size quantity and delivery. These companies were also asked to identify other known equivalent protective Coverall manufacturers.

With regard to the identification of sources offering equivalent items, neither source was able to identify a specific source that could provide an equivalent item.

Based on market research and follow up market survey questionnaire, it is determined that both DuPont and Lakeland are the only protective coverall manufacturers that currently have capability of providing its approved product in all of the sizes required in the desired time frame.

At this time, there are no other known vendors that can fulfill the urgent FEMA’s requirement.

9. There are no other facts supporting the use of Other Than Full and Open Competition.

10. DuPont and Lakeland have been contacted and have expressed interest in this acquisition.

Other known equivalent protective Coverall manufacturers cannot provide all of the sizes in the time frame required by FEMA .

11. It is anticipated that this is a one-time procurement. This is a very large requirement and currently the 4 BPAs, which are limited to small orders under the Simplified Acquisition Threshold, are unable to support the urgent requirements. The current BPAs will be available to support smaller future requirements, if any.

12. As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Date (Redacted) Contracting Officer

I hereby certify that the requirements which form the basis of this justification are accurate, that these supplies meet the Government’s needs in accordance with applicable specifications and that this justification is accurate and complete to the best of my knowledge and belief.

Date (Redacted) Material Planner

I have reviewed this justification and recommend approval.

Date MARK TWARDZIAK Division Chief, Individual Equipment

I have reviewed this justification and recommend approval.

Date (Redacted) Director of Supplier Operations, Clothing and Textiles Directorate

I have reviewed this justification for legal sufficiency.

Date Supply Chain Counsel

DLA Counsel -Troop Support

I have reviewed and hereby approve this justification.

Date (Redacted)

DLA Troop Support Competition Advocate