LIMTED SOURCE JUSTIFICATION_Redacted.pdf

Sole Source Justification Under the Authority of Section 41 USC 1903, Special Emergency Procurement Authority and Federal Acquisition Regulation (FAR) 13.106-1(b)(1), Solicitation from a single source based upon urgency.

Project/Program Name: Naval Special Warfare Command (NSWC), Accel Facemasks Component/PEO/Other: COMNAVSPECWARCOM Estimated Contract Cost (including options): $200,000 Type: (Individual or Class )

1. Agency and Contracting Activity:

Agency: USSOCOM Contracting Activity: COMNAVSPECWARCOM

2000 Trident Way, Bldg. 624 San Diego CA 92115-5599

2. Description of Action:

A new Firm-Fixed Priced order is being requested to support the urgent need of cloth face masks to support the DoD safety guidelines in response to the COVID-19 pandemic.

Procurement will involve purchase of 25,000 masks shipped to San Diego, California; Virginia Beach, Virginia and Pearl City, Hawaii. Resulting purchase order will include the option to procure up to 50% of additional quantities at each location. This one time buy will utilize FY20 OM&N funding and the value will not exceed $200,000.

3. Description of Supplies/Services:

The requirement is for 25,000, with an option to procure an additional 12,500, cloth face masks that cover the mouth and nose. Masks are Accel Lifestyle Anti-microbial Face Masks (AMSK32), from Accel Lifestyle, LLC (Megan Eddings) of Houston, Texas, and are cloth, anti-microbial, reusable, machine washable and “one-size fits all”. Award will be on a sole-source basis.

4. Authority Cited:

This sole source acquisition is being conducted under the authority of the Special Emergency Procurement Authority, 41 U.S.C. 1903, and FAR 13.106-1(b) (1), Urgency.

5. Reason for Authority Cited:

41 U.S.C. 1903 Special Emergency Procurement authority is authorized as the President of the United States made an emergency declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as defined by 42 U.S.C. 5122 (the "Stafford Act") in response to the COVID-19 pandemic on 13 March 2020. NSWC has a public responsibility to comply with the World Health Organization (WHO) and the Centers for

Disease Control and Prevention (CDC) guidance to prevent further spread of COVID-19. The masks are required to comply with Department of Defense guidance to implement plans to ensure compliance with directed force health protection measures throughout the area of operations in order to prevent an outbreak of COVID-19 among personnel (service members, civilians, contractors, and dependents) or confine any outbreak to as small a population as possible. In order to comply with these directives, NSWC has an urgent need for cloth face masks. Procurement of these masks is imperative in order to protect public health. The U.S.

Government cannot apply standard procurement time lines to this acquisition due to the urgent nature of the requirement and the adverse public health impact if these masks were not procured.

An award will be issued on a sole-source basis to Accel Lifestyle, LLC of Houston, Texas under the listed above and FAR 13.106-1(b) (1), Urgency. Market research was conducted and Accel Lifestyles, LLC is the only firm able to provide the urgently needed masks in the quantity and by the dates need. Initial quantity of 25,000 masks will ship the week of 27 April and arrive at all locations no-later-than 04 May 2020. If the Government exercises the option provision, additional quantities will be at the three locations no later than 22 May 2020. The Government will reserve the right to fully or partially exercise the option for additional quantities of masks. See paragraph seven (7) below for market research.

6. Efforts/Actions to Increase Competition:

A notice of procurement action was not publicized as required by FAR 5.2 due to exception cited under FAR 5.202(a) (2), unusual and compelling urgency precludes compeition and the Government would be seriously injured if the agency complies with the time periods specified under FAR 5.203.

7. Market Research:

Market research was conducted from 09 April 2020 through 14 April 2020. Market research was minimal due to the urgent nature of this emergency and urgent procurement. The following websites (GSAadvantage.gov, Walmart.com & Target.com) were queried and no other source could provide the required quantity of supplies within the required timeframe. These supplies must be shipped NLT April 27, 2020 to help prevent further spread of COVID-19 and comply with DoD Directives to protect personnel. Demand for personal protective equipment (PPE) has surged, limiting the ability to procure PPE from traditional sources.

The requiring activity discovered Accel Lifestyle, LLC when notified of a Navy Fleet Logistics Command (FLC) order, N0018920P0253, issued for 50,000 masks. The mask meets the agencies requirement for being cloth, anti-microbial, one-size fits all and machine washable/reusable. Contractor is currently complying with the FLC’s schedule requirements.

8. Interested Sources:

As shown in the market research, interest exists in the commercial marketplace; however, other sources cannot provide the required quantities within the required timeframes to meet the needs of the Government. This is a one-time procurement. If a future requirement becomes known, the Government intends to compete the requirement, provided market conditions and production capability of alternate firms improves.

9. Other Authorities/Factors:

None

10. Technical and Requirements Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief. I have reviewed the product description provided by Accel Lifestyle, LLC and determine the product submitted for consideration meets the agencies requirements.

TITLE: Deputy N41, NSWC

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7)) I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on analysis conducted per FAR 13.106 as supplemented by

FAR 15.4.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. APPROVAL AUTHORITY: Contracting Officer Certification:

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

TITLE: Contracting Officer, N01C

Date: 2020.04.15 14:40:52 -07'00'

Date: 2020.04.15 14:30:03 -07'00'