N0024418Q0116_N6588818RC60889_JA.pdf

SOURCE SELECTION INFORMATION – FAR 2.101 AND 3.104

DEPARTMENT OF THE NAVY

NAVAL SUPPLY SYSTEMS COMMAND

FLEET LOGISTICS CENTER SAN DIEGO

3985 CUMMINGS ROAD

SAN DIEGO CA 92136-4200

JUSTIFICATION AND APPROVAL

FOR USE OF SOLE SOURCE

J&A Number:

18-240-0002

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY.

The contracting activity is the NAVSUP Fleet Logistics Center, San Diego, CA (NAVSUP FLCSD). The

Contracting Office representative is Mr. Ralph Franchi, Contract Specialist, Code 240, (619) 556-9776, ralph.franchi@navy.mil. The requiring activity (RA) is the Fleet Readiness Center South West (FRCSW), San

Diego CA.

2. DESCRIPTION OF THE ACTION BEING APPROVED:

This Justification and Approval (J&A) requests authority to issue a contract to be awarded on a sole source basis pursuant to the procedures of FAR Part 13.5 and in accordance with 41 U.S.C 1901 to Beckman Coulter, Inc.

3. DESCRIPTION OF SERVICES/SUPPLIES:

The required services are to provide calibration service, accreditation calibration and contract manpower reporting services for twenty (20) Model 3415 laser air particle counters originally manufactured by the Hach Company. The requirement is for a base year beginning May 2018 with four one-year option periods.

Estimated Dollar Value

FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Total

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION:

This acquisition is conducted under the authority of 41 U.S.C. §253 (c), 10 U.S.C. 2304 (c) & (g), as implemented by the Federal Acquisition Regulation (FAR) 13.5, Test Program for Certain Commercial Items in conjunction with 41

U.S.C. 1901(e)(2). Pursuant to FAR 13.501(a)(1)(ii), this justification follows the format at FAR 6.303-2.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY:

Per NAVAIR's Fiscal Year 18 Scheduling Procedures for Calibration of Aviation Support Equipment, calibration services must be provided by an approved source. The current and only qualified source is Beckman Coulter

Incorporated.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY OFFERORS AS

PRACTICABLE:

All current data regarding the availability of the required services point to Beckman Coulter, Inc. The previous requirement for the same type services was synopsized via the Navy Electronic Commerce On-line (NECO) website.

As a result of the synopsis there were no other responses from industry furnishing their potential capability to perform the services. There is no new information to indicate that other commercial sources have technical capability to perform. This J&A will be posted to NECO announcing the Government’s intent to award to Beckman Coulter, Inc. In the event that a company identifies its capabilities they will be evaluated as a potential source.

mailto:ralph.franchi@navy.mil

7. DETERMINATION OF FAIR AND REASONABLE COSTS:

Determination of fair and reasonable cost will be made in accordance with FAR 13.106 using various recommended price analysis techniques prescribed by this part of the FAR.

8. MARKET RESEARCH:

Current market research performed to support this requirement was done by contacting Beckman Coulter, Inc. as they are the last known qualified service provider under contract number N00244-15-P-0127. Historical data reviewed under contract N00244-10-P-1367 reveals the award was made to Hach Company. Hach is the original equipment manufacturer (OEM) of the Government owned laser air particle counters currently requiring the services.

In October 2013 Beckman Coulter, Inc. acquired the Hach Company. It absorbed all aspects of equipment calibration, repair services and calibration accreditation for the line of laser air particle counters.

In November 2014 contract N00244-10-P-1367 was modified to incorporate a novation agreement that was based on the processing of a novation agreement by DCMA Denver which legally recognized the change from Hach Company to

Beckman Coulter, Inc.

Beckman Coulter owns all technical data rights and has the requisite qualified labor force to perform the services required to support the Government equipment. They are the only known qualified source at present and the historical and current data support this Justification and Approval.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

Based on the research conducted Beckman Coulter, Inc. is now considered the OEM of the product and the only potential source.

10. A LISTING OF SOURCES, IF ANY THAT EXPRESSED IN WRITING INTEREST IN THE

ACQUISITION: None.

11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION:

There are presently no immediate plans of action to remove competition barriers as the US Navy cannot feasibly allocate funding to procure the technical data rights and train Government personnel to take over the required services. Services will continue to be obtained from the only known qualified source.

12. CONTRACTING POINT OF CONTACT:

The point of contact at Fleet Logistics Center, San Diego (FLCSD) is Mr. Ralph Franchi, Code 240 at DSN 526-9776, Commercial (619) 556-9776 or e-mail at Ralph.franchi@navy.mil mailto:Ralph.franchi@navy.mil

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW (Code OL, FLCSD)

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

J&A/LSJ value is between $150K and $700K, the Contracting Officer’s signature below also represents approval of the

J&A/LSJ.

Ralph Franchi 619-556-9776

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A/LSJ value is between $700K and $13.5M, the Competition Advocate’s signature below also represents approval of the J&A/LSJ.

CERTIFICATIONS AND APPROVAL

LEVEL ABOVE CONTRACTING OFFICER CERTIFICATION

To the extent that the J&A/LSJ value is between $700K and $13.5M, the signature below is a level above the

Contracting Officer and so represents approval of the J&A/LSJ.