Sole_Source_-_NDC_Regulators_Final.pdf

SOLE SOURCE

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901)

Purchase Request Number: NMAN8700-18-01539 Oceanic Worldwide Scuba Regulators & Pressure Gauges for NOAA Diving Center (NDC)

1. Agency and contracting activity. Reference FAR 6.303-2(b)(1).

The Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), Western Acquisition Division (WAD)-Seattle, and the Office of Marine and Aviation Operations (OMAO).

2. Nature and/or description of the action being approved. Reference FAR 6.303-2(b)(2).

This is a sole source justification for a new requirement. NOAA intends to award a contract to Johnson Outdoors Inc.;

ScubaPro is a subsidiary of Johnson Outdoors Inc and will be assisting in meeting the requirements of this buy and is not at this time authorized by Johnson Outdoors Inc. to sell the items on its own. The contract will be a supply buy and firm fixed price.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Reference FAR 6.303-2(b)(3).

The NOAA Dive Program requires the items in the table below to replace the current regulators and gauges because the diver’s primary breathing supply is currently being depleted during dives. The NOAA Diving Center’s Standardized Equipment Program requires a purchase of regulators to replace the existing inventory of scuba regulators due to safety and performance issues. One service part kit for each regulator will be included for this requirement.

Below is a table detailing all of the equipment required for this action.

Manufacture Brand / Item Number Part Number Quantity Stage Johnson Outdoors Inc./ ScubaPro MK17 EVO/G260 YOKE

Fitting Regulator with G260 attached

12.17.010 696 First stage regulator attached with second stage regulator

Johnson Outdoors Inc. / ScubaPro MK17 EVO/G260 DIN Fitting Regulator and attached G260

12.172.030 60 First stage regulator attached with second stage regulator

Johnson Outdoors Inc. / ScubaPro G260 2nd Stage Regulator with Octopus modification

11.263.200 132 Second stage regulator modified for Octopus

Johnson Outdoors Inc. / ScubaPro MK17 Service Part Kit 10.117.045 756 Johnson Outdoors Inc. / ScubaPro G260 Service Part Kit 11.261.045 888

The total cost is $234,468.00 plus shipping. The required delivery date for the base period is 1 November 2018. The delivery date for the option period is 1 February 2019.

4. Statutory authority permitting the sole source acquisition. Reference FAR 6.303-2(b)(4).

41 U.S.C. 1901, using Simplified Acquisition Procedures (SAP) up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the action requires use of the authority cited. Reference FAR 6.302-1(b)(1)(i). The Contracting Officer has determined the following circumstances justify the use of a sole source as supported below:

Only one source – There is reasonable basis to conclude that the agency’s minimum need can only be satisfied by unique supplies or service available from only one source or only one supplier with unique capabilities.

Per FAR 6.302-1, the Operators Equipment ManualOriginal Equipment Manufacturer (OEM) for this specific regulator is the only responsible source for the units. The ScubaPro MK17 EVO/G260 regulator meets the NOAA Diving Program Control and Safety Board specifications with an environmentally sealed, balanced diaphragm regulator with balanced second stage. A sealed diaphragm regulator keeps salt, sediment, and other contaminants from entering the first stage and helps prevent internal components from freezing in cold temperatures. This regulator has demonstrated better cold water performance, durability, and reliability than a piston style.

An internal analysis was completed by NOAA Dive Center comparing multiple regulators from a variety of manufactures. The criteria categories utilized for this analysis were: cold water performance, ease of maintenance, maintenance interval, parts commonality/availability, performance (air volume), safety performance and environmentally sealed. The result of this analysis was that Johnson Outdoors MK17 EVO/G260 regulator meets the NOAA Diving Program Control and Safety Board specifications and safety requirements. The other regulators identified as potential prospects failed to meet one or more the required criteria, and were determined unacceptable by the NOAA Diving Program Control and Safety Board.

In addition, the manufacturer will deliver the primary regulators equipped with standard rubber low pressure hoses instead of miflex brand (or similar) braided hoses which are currently the industry standard. NOAA has found that the braided hoses are not nearly as durable and there have been several reports of the interior polymer of the hoses breaking down, clogging the hose and stopping the air flow.

Johnson Outdoors Inc. is able to retrofit the G260 second stage regulators with yellow covers and 1m yellow hoses to be used as an “octopus” or secondary emergency air source. This is a factory modification that ScubaPro can make exclusively for the NDP that is not yet available to open market. This is a safety feature added for divers to distinguish their partner’s main regulator from the backup regulator in emergency situations and is a requirement of the NDP.

Johnson Outdoors Inc. is the sole firm that owns MK17 EVO/G260 YOKE fitting regulator with G260 attached, MK17 EVO/G260 DIN fitting regulator and attached G260, and the G260 2nd stage regulator with octopus modification; it owns the proprietary designs and has the ability to manufacture the regulators with the gauges attached. The firm does not have wholesalers or distributors in the United States.

Johnson Outdoors Inc. will provide one service maintenance parts kit per regulator and a technical repair service clinic for NOAA’s maintenance/repair technicians at no additional cost, saving the government approximately $25,000.00.

Based on the information above and market research, there is no expectation that there is another contractor that can supply the equipment to meet this requirement.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies. Reference FAR 6.303-2(b)(6).

As required by FAR 5.2, the synopsis as well as the sole source justification, salient characteristics, and other applicable information (e.g., drawings) will be made publicly available via posting on the Federal Business Opportunities (FBO) website. Any responses received from the notification on FBO will be taken into consideration by the Government.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Reference FAR 6.303-2(b)(7).

Multiple price analysis techniques may be used to determine that the contractor’s prices fair and reasonable. The contractor’s price quote is anticipated to be considered fair and reasonable in accordance with techniques listed at FAR 13.106-3(a)(2) which may include, but is not limited to, (ii) comparison of the proposed price with prices found reasonable on previous purchases, (iii) current price lists, catalogs, or advertisement, (vi) comparison to an independent Government cost estimate (i.e., IGE), and (vii) any other reasonable basis.

8. Description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted. Reference FAR 6.303-2(b)(8).

Market research was conducted by the program office and the contracting office. Johnson Outdoors Inc. was identified as the only firm that can meet this requirement.

The acquisition division conducted additional market research to identify available sources and to evaluate the availability of the marketplace to meet the requirement. Market research included reaching out to multiple sources and utilizing Internet searches to determine capability, and ultimately led to determining that only one firm is able to provide the exact regulators required to meet the needs of the NOAA Dive Center.

9. Any other facts supporting the use of a sole source. Reference FAR 6.303-2(b)(9).

All facts have been documented above.

10. List of the sources that expressed a written interest in the acquisition. Reference FAR 6.303-2(b)(10).

No written interest has been received. No written interest has yet been expressed from sources because this sole source justification is completed prior to posting to FBO. Any responses received from the notification on FBO will be taken into consideration by the Government.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. Reference FAR 6.303-2(b)(11).

The Government will continue to perform market research to determine if other sources may be capable of meeting the Government’s needs in the future.

ROYSTER.ANGEL

A.SHANNON.110

0101080

Digitally signed by

ROYSTER.ANGELA.SHANNON.

1100101080 Date: 2018.07.19 15:16:58 -07'00'

GLOVER.LISA.

K.1365856075

Digitally signed by

GLOVER.LISA.K.1365856075

Date: 2018.07.24 11:48:20 -07'00'

JAMES

RHODES

Digitally signed by JAMES RHODES DN: c=US, o=U.S. Government, ou=Department of Commerce, ou=Office of the Secretary, cn=JAMES

RHODES,

0.9.2342.19200300.100.1.1=13001003116286 Date: 2018.07.25 16:59:49 -04'00'