N3220517A2202 Justification and Approval Redacted.pdf

Date: 28 October 2021

MEMORANDUM

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): PR is not required for Blanket Purchase Agreements (BPAs) in accordance with FAR 13.303-2(d)

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b) (3) (i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement), and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. Provide a description of the item or service required:

First Aid, Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillator (AED) instructional supplies;

a) The name of the required source or brand name:

National Safety Council (NSC);

b) The required delivery date/period of performance:

5 November 2021– 4 May 2022;

c) Its intended use:

This acquisition is for the First Aid, CPR and AED instructional supplies to provide training ashore at the Training Center Hampton Roads and the Training Center West training facilities, and afloat, utilizing both the Military Sealift Command (MSC) Afloat training team personnel and onboard approved Medical Services Officers (MSO). All supplies are for one-time use and are certified by a third party, i.e. the United States Coast Guard, and in accordance with International Maritime Organization (IMO) requirements. The cost for the six month extension is approximately . NSC will provide sufficient materials until the new contract is executed.

2. List the source(s) or known vendor(s) who are able to provide the above described item or service:

National Safety Council

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. X Only one responsible source (select all that apply):

1. RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

a. Explain what is subject to the restrictive rights.

b. If drawings are included, who is identified as “owning” the drawings.

2. EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is ONLY ONE authorized distributor or technical representative for the OEM.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

b. Identify the distributor / authorized technical representative for the item or service.

Provide evidence of the exclusive licensing agreement as an attachment to this document.

(NOTE: If there is more than one distributor / authorized technical representative, then use Part B – Brand Name.)

3. _X OTHER REASON:

a. CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

i. SMS Procedure Number: First Aid, CPR and AED Training per the shipboard competency matrix’s

b. STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s):

ii. Identify other vessels with this Make / Model:

c. FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

ii. Describe how the equipment must be compatible with the existing configuration.

d. _X OTHER:

a. National Safety Council (NSC) is an established and reliable MSC contractor providing life-saving and unique training supplies.

b. The supplies are unique in that they are approved by a governmental third party process via the USCG.

c. The supplies are required to train and qualify MSC personnel in accordance with the USCG’s approved course certificate for First Aid & CPR MLISEA-197 which is a required course for afloat and ashore MSC personnel. Specifically, this course/curriculum meets MSC’s mandates, pursuant to USCG Standards of Training, Certification, and Watchkeeping (STCW)/ IMO Treaty, to certify mariners in this approved course.

d. Currently, all applicable MSC instructors are USGC certified to train on this course.

e. Other Details:

i. NSC is the exclusive USCG/MSC approved training program for MSC CIVMARs and MSC qualified instructors.

ii. NSC is the only organization that accommodates a 24-student class. NSC is best suited to MSC’s command needs and best management practices.

4. UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified:

b. Required delivery date / Period of Performance:

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

d. Estimated production lead time: Available on the shelf. Only delay from the manufacturer is the time it takes to print the material

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: for a six-month extension.

V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.