18R6007_-_JA_Redacted_Corrected_-_Jessa.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

JN REPLY REFER TO

DL: 13974

Code: 026 N0017818R6007

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 Department

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a brand name basis for critical warranties , parts , and maintenance support to be used by the Naval Surface Warfare Center Dahlgren Division (NSWCDD ), Electromagnet ic 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 procuring extended warranties, training, and parts support for twenty (20 } Griffin 460 Gas Chromatography- Mass Spectromet ry (GC/MS ) instruments in support of the The fo llowing is specif ically required annually to ensure the systems are maintained adequately to remain fully operational :

Part Number Description Qty

400EXTWAR (Year ) Extended warranty for Serial Numbers 460 - 00101 20 through 460-00119 , 460-003 48 , & 460-00334

201-014 - 0054 Sorbent Tube Cartridge - priced for re-cycle cost 48 241-005-0011 GC Maintenance Kit 20 241 - 005-0078 RI Calibrant Ki t 2

46 0 - 001-0024 Ionization Filament with 6 month warranty 40

400TECHCERT Advanced Maintenance Training (2 days, 1-5 1 Students}

DL: 13 97 4

The Government's minimum nee ds have bee n verified by the certifying technical and requirements personnel.

The estimated cost of the proposed contract action is for a b ase per iod of l2-Mont hs beginning 21 Mar ch

2 01 8 with t wo (2 ) option peri ods of 12 - Months each t o f o llow .

Annual .De f ense Working Capita l Fund (DWCF) wi l l be u tilized f or this pro c urement. Se rvices are requested t o begi n 27 Mar ch 2 018 for a period of t welve (12) months wi t h t wo (2 ) optio n p e riods o f t welve (12) months each to follow .

4 . Statutory Authority Permitting Other Than Full and 0pen Competition

41 u.s.c. 1 901 Simpl i f i ed Acqui s ition Procedures

5. Rat i onale Jus tifyin g Use of Cited Statutory Authority

The Griff in 460 GC/MS instruments are part of a critical life safety system It is critical tha t Griffin 460 GC/MS instruments extended warra nties, parts , and training are procured annua lly to ensure the operational capabilities of the systems. This procurement is required to satisfy specific mission requirements related to National Security in direct support of currently fielded equipment. Inability to procure extended warranties , training, and parts could produce an unacceptable vulnerability which is a critical life safety system of and its occupants. Therefore, it i s also critical for B23 personnel to maintain excel lent technical proficiency in operation and maintenance capability of Griffin 460 GC/MS instrument.

The parts required must be compatible (form, fit, and function) with the curre ntly installed parts on the systems . The services must be provide d from an authorized service provider to ensure the warranties remain valid. If one (1) of the Griffin 460 GC/MS instruments is d e graded to the point of needing a complete replacement , it would cost the government approximately to replace one (1 ) unit, and an expected loss of detection capability for an estimated period of three (3) to six (6) months . In addition , the government 's investments of over in this equipment would be lost if it becomes inoperable .

NCH 53.6-2

DL: 1397 4

In addition, the danger of acquiring this s upport t h r ough full and open competition is the potential of selecting an unauthorized provider of warranty and ma int enance support for t hese Gr if f i n 460 GC/MS instruments . If problems ari s e i n the f uture a nd an unauthor ized provider has been used to maintain t hese ~nstruments, t here is a poss i b i l ity that nei ther FLIR Detect ion, I n c. n o r its authori zed p r ovi ders woul d be willing to prov ide warr anty, part s , and maintenance support for these Griffin 4 60 GC / MS inst r uments. Th e e nd result may b e co~tly to the .Governme nt and cause a vulnerability i ssu e

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

A patent, copy r i ght or propri etary data limi ts compet ition .

Mar ket research p e r formed through i nternet searches and contact with the o rig ina l e qui pment manufacturer {OEM) has shown the following: 1) FLIR Det e ction, Inc. i s the OEM of the p r oprietary Griffin 460 GC/MS instrument s , provider of the manufa ctu r er 's extended warranties , distributor of genuine Griff in 46 0 p a rts , and p~ovider of expert l e vel training. FLIR Detection, Inc.

possesses comprehensive knowledge of the technology u s ed in the equipment; 2 ) There are other distributors of extended warra nties for Griffin 460 GC/MS ins truments but not the other service s required ; 3 ) The query of government Subject Matter Experts {SMEs ) knowledgeable in the maintenance requirements of the Griffin 460 GC/MS instruments and familiar with wa rranty requirements has shown that FLIR Detection, Inc . has ext ensive knowledge of the specific Griffin 460 GC/MS instrumen ts owne d by the PFPA and is uniquely suited to provide services/parts referenced; and 4 ) Simila r extended warra nties are available through General Services Administration Federal Supply Sche dule s but the services available do not cover all the correct yea rs of warran ty or other services required .

The proposed contract will be synopsize d on the Federal Bus iness Opportunities (FEDBIZOPPS) website , to be competed amongst authori zed resellers . For the reasons discussed in paragraph 5 above , no furthe r market research will be conducted for -any company other than FLIR Detection, Inc. or an author ized res~ller to provi de the required equipment.

NCH 53. 6 -2

DL: 13974

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 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 spe cifically due to the components being in a national security system. If another potential source emerges , Dahlgren Contract Department will assess whether competition for future requirements is feasible .

NCH 53.6 - 2

DL: 13974

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 Miles, B22, Phone No., Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Brian K. Kau, Legal Counsel, OOL, Phone No., Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b) (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., APPROVAL BLOCK (FAR 6.304 for Approving Official)

Date

Upon the basis of the above justification, I hereby approve, as Competition 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) .

Competition Advocate

Thomas A. Duval, Competition Advocate, 02, Date

NCH 53.6-2

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