Particle_Counters_-_Redacted_J A.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

IN REPLY REFER TO

DL: 13677

N00178-16-C-2041

17 Aug 2016

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Contracts Division.

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis for critical equipment to satisfy Pentagon Force Protection Agency

(PFPA) Support Program specific mission requirements related to

National Security in direct support of current fielded equipment by NSWCDD, Chemical, Biological, and Radiological (CBR) Defense

Protection and Integration Branch (B23), manufactured by Met One

Instruments, Inc.

3. Description of Supplies/Services

Met One Instruments, Inc. will be providing a quantity of one-hundred and fifty (150) Air Sentinel 1000B-PC 2-Channel Particle

Counters, Item Number 82200.

The Government's minimum needs have been verified by the certifying technical and requirements personnel.

The estimated cost of the proposed contract action is

$399,292.50. Fiscal Year 2016 (FY16) Defense Working Capital

Funds will be utilized for this procurement. Delivery of the particle counters is requested sixty (60) days after award of the order.

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. 2304(c)(1) – Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

This procurement is required to satisfy PFPA Support Program specific mission requirements related to National Security in direct support of current fielded equipment. Met One

Instruments, Inc. is the original equipment manufacturer (OEM) and the only manufacturer of this specific type of 2-Channel particle counter. A patent, copy right or proprietary data limits competition. The Met One Instruments proprietary product is a unique design that supports the NSWCDD, B23 efforts with the

PFPA.

Open competition or redesign of this specific type of 2-Channel particle counter will delay installation of this equipment by a minimum of 6 months and result in degraded operation of the

Pentagon building’s CBR Sensor System. As a result, inability to procure this specific type of 2-Channel particle counter will produce an unacceptable vulnerability in the Pentagon’s CBR

Sensor System, which is a critical life safety system of the

Pentagon building.

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

Offerors as Practicable

Market research has shown that Met One Instruments, Inc. is still the only source available for these proprietary particle counters. Market research has also shown that this specific product is not available under the General Services

Administration Federal Supply Schedules or the National

Aeronautics and Space Administration Solutions for Enterprise-

Wide Procurement contract vehicles. Additional research on the

OEM website and through email contact with the OEM representative has shown that there are no distributors available worldwide with only Met One Instruments, Inc. providing sales within the United

States. The representative has verified that this product is not available for distribution/resellers. It is sold direct from the company.

A Sources Sought notice for the acquisition was posted on the

Federal Business Opportunities (FEDBIZOPS) website on 24 June

2016 requesting capability statements from interested vendors to confirm that the OEM was the sole source provider for the requested equipment. No responses were received during this timeframe.

The proposed acquisition was then synopsized on the FEDBIZOPS website on 8 July 2016 and only Met One Instruments, Inc.

expressed an interest in this requirement. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Met One Instruments, Inc. to provide the required equipment.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the equipment covered by the Justification and Approval will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, Dahlgren Contract

Division has no plans at this time to compete future contracts for the type of equipment covered by this document. If another potential source emerges, Dahlgren Contract Division will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data, are complete and accurate to the best of my knowledge and belief.

Kelly Jewell, B22, Phone No., Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Brian K. Kau, Legal Counsel, 00L, Phone No., Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

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

Angela Bowling, Contracting Officer, 026, Phone No., Date

30 August 2016