N0017818C6001_-_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 No: 13946

N0017818C6001

11 December 2017

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

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

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis for critical equipment maintenance required by Electromagnetic and

Sensors Systems Department (Code B), Chemical, Biological, and

Radiological (CBR) Defense Division (B20), CBR Protection and

Integration Branch (B23).

3. Description of Supplies/Services

The NSWCDD/CBR/B23 requires maintenance and repair services for the sustainment of a quantity of 57 MKS AIRGARD® (Airgard) ambient air analyzers in support of Pentagon Force Protection

Agency (PFPA). This service procurement is required to satisfy

PFPA Support Program specific mission requirements related to

National Security in direct support of currently fielded equipment. Delivery is required to begin in the December 2017 timeframe for the base period of 12 months of support.

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

The estimated cost of the proposed contract action is

$2,359,209.78 for a base period of 12 months and three (3) additional option periods of 12 months each. Annual Defense

Working Capital Funds will be utilized for this procurement.

Estimated Dollar Value

FY18 FY19 FY20 FY21 Total

WCF $558,812.00 $575,531.04 $603,382.63 $621,484.11 $2,359,209.78

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C.2304(C)(1), One Source or limited sources

5. Rationale Justifying Use of Cited Statutory Authority

An Airgard ambient air analyzer is a self-contained, ultra-sensitive, Fourier Transform Infrared Spectroscopy based gas analyzer that rapidly detects toxic gases, including Chemical

Warfare Agents (CWA), Hazardous Production Material, and Toxic

Industrial Chemicals. The Airgard analyzers are a critical part of the life safety system on the Pentagon reservation.

Therefore, it is critical that maintenance and repair services be procured annually to ensure the operational capabilities of the analyzers. MKS Instruments, Inc. is the original equipment manufacturer (OEM) and the owner of the Airgard ambient air analyzer technology. This proprietary product is a unique design that requires comprehensive knowledge of the technology to maintain. A copyright and proprietary data limits competition.

These analyzers can only be serviced by an OEM certified service provider. KD Analytical Consulting, LLC (KDA) is a subsidiary of

Federal Resources. KDA is the only known vendor that is OEM certified and has been maintaining the equipment since original equipment procurement. KDA personnel are approved by Pentagon security and cleared to work at the Pentagon. Under N00178-16-P-

0333, maintenance and repair services are currently being provided for three (3) analyzers by COTS Solutions, LLC, an office of KDA that was acquired by Federal Resources. In addition, KDA personnel have the required non-disclosure agreements (NDAs) in place; fully understand the equipment and maintenance processes; and are experienced in supporting the chemical defense programs using this type of technology.

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

Offerors as Practicable

Market research performed through vendor contact and online searches continues to show that a patent, copy right or proprietary data limits competition. It has also shown that KDA is still the only known vendor that is OEM certified to perform these services. Utilizing another vendor to provide this support would delay maintenance on this proprietary critical equipment.

The schedule impact while waiting for a new contractor to become vetted by Pentagon Security along with securing NDAs would put the program at risk and delay critical maintenance. Open competition would present tremendous risk to the capability of the CWA detection, with a likely potential to degrade operational availability for extended periods of time. If one Airgard system is rendered unrepairable, the replacement cost of one system will be approximately $81,885.00. In the event that all systems are rendered unrepairable, the total cost to the government could be upward of $4,667,445.00, to replace all 57 systems. Inability to procure maintenance service from KDA will produce an unacceptable vulnerability in the Pentagon’s CBR Sensor System, which is a critical life safety system of the Pentagon reservation, Pentagon building, and its occupants.

A Sources Sought notice for the acquisition was posted on the

Federal Business Opportunities (FEDBIZOPS) website on 8 August 2017 requesting capability statements from interested vendors to confirm that KDA was the sole source provider for the requested Airgard maintenance support being sought. KDA responded to the Sources

Sought notice to update that they were the proper vendor for providing the work versus Federal Resources Supply Company, which the Sources Sought was written out to them initially.

The proposed contract was then synopsized on the FEDBIZOPPS website on 19 September 2017 and only one response was received from KDA. The technical point of contact reviewed KDA’s submission and found it to be technically acceptable as it met all requirements in the Statement of Work provided in the synopsis posting. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than KDA to provide the required maintenance support.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the services covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, Dahlgren Contract

Department 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 Department 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.

J. Steve Anthony, Code B20, Phone No., Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Brian K. Kau, Legal Counsel, Code 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

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as

Competitive Advocate for the Procuring Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

2304(c)(1).

Competitive Advocate

12/14/17

Thomas A. Duval, Competitive Advocate, 02, Date