W52H0909C0125.pdf

CONTROL No. ACA090139

Program/Item: Chemical Protective Patient Wrap (CPPW) Kits

Est. Dollar Value: $11.9M

CMO Control # 09-582

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army TACOM Contracting Center, Rock Island, IL 61299-7630.

2. Description of Action: This action will result in a Firm Fixed Price contract with M-C

Industries Incorporated. Award is projected for the 4 th quarter fiscal year 2009 (4QFY09), and fiscal year 2009 (FY09) Operations and Maintenance Army (OMA) funds will be used. An acquisition plan is not required because it does not meet the dollar threshold for an acquisition plan as identified in DFARS 207.103(d)(i). The award will be made as an Undefinitized

Contract Action in accordance with DFARS 217.74. Funding will be obligated at $8,500,000

(less than 75% of the estimated dollar value) based on receipt of a qualified proposal as authorized by DFARS 217.7404-4.

3. Description of Supplies/Services: 730 each Chemical Protective Patient Wrap (CPPW) Kits, NSN: 6545-01-577-1047, P/N: 41173006, End Use: Medical Equipment Sets, Chemical Patient

Treatment. The estimated value is $11,890,211. The proposed contract will not include an option.

4. Authority Cited: 10 USC 2304(c)(2), Unusual and Compelling Urgency as implemented by

FAR 6.302-2.

5. Reason for Authority Cited: As authorized by FAR 6.302-2, procurement by other than full and open competition is necessary because M-C Industries Incorporated is the only contractor able to meet U.S. Army urgent chemical protection need and delivery requirements of 400 each

CPPW Kits by 31 May 2010 and the remaining 330 by 15 Oct 2010.

The CPPW material has a shelf life of 10 years. The purchase of CPPW’s was in 1990 for use during Desert Storm. In FY2000 sample surveillance testing of the CPPW inventory revealed old material had exceeded its shelf life and no longer provided the required protection against chemical agents rendering these assets unusable. This testing also identified technical inefficiencies with the system. In Aug 2001, Medical Support Systems Project Management

Office (MSS-PMO) and the U.S. Army Research Institute of Environmental Medicine, Natick, MA began a product improvement study to leverage mature fabric technologies and product improvements suitable for the patient wrap system. In Oct 2001 it was discovered that the previous material producer had gone out of business and another material producer would have to be certified by the Surgeon General. In Oct 2001 Market Research was done that provided three potential material and design producers; M-C Industries, ENPAC Corporation, and Athena

ISG/GTXtreme, Incorporated. Additional Market Research was done in FY2004 and FY2006 to identify any additional potential producers. No additional sources were identified. The product from all three companies was evaluated. The study was completed in April 2009.

The study identified that the products provided by both ENPAC Corporation and Athena

ISG/GTXtreme did not meet all design specifications of MIL-C-44313 and the material did not meet the mission objectives. The length of time for either of these two companies to redesign and retest their products would not allow them to meet the urgent delivery schedule.

The longer than anticipated development and testing has resulted in delayed production of

CPPW Kits. A total of 400 Medical Equipment Sets, Chemical Patient Treatment systems have been fielded without the CPPW Kits, and the quantity of 330 CPPW Kits are needed in depot to complete reset efforts for other Patient Treatment Sets. Failure to supply this item on time will delay filling the critical shortage and will impact the upcoming fielding schedule.

Based on the results of the above study, the MSS-PMO has determined that M-C

Industries Incorporated is the only vendor that is able to meet the U.S. Army’s urgent chemical protection needs and requirement at this critical point in time. M-C Industries Incorporated is the only vendor that can provide the immediate manufacturing and production capacity, with very little lead time, that is necessary to produce the CPPW Kits. In addition, M-C Industries

Incorporated is the only vendor whose design specifications meet MIL-C-44313.

6. Efforts to Obtain Competition: This procurement action will be synopsized in the

FedBizOpps to alert interested subcontractors.

7. Actions to Increase Competition: The Government intends to procure future production requirements through full and open competition and anticipate adequate time for either of the two companies (ENPAC Corporation and Athena ISG/GTXtreme) to redesign and retest their product. It is anticipated that the other two companies would participate.

8. Market Research: M-C Industries Incorporated, ENPAC Corporation, and Athena

ISG/GTXtreme Incorporated were the only three companies that requested to participate in the

U.S. Army Research Institute of Environmental Medicine study. At this time, there are no other known vendors in the commercial marketplace that offer any type of solution for U.S. Army

CPPW kit requirements.

9. Interested Sources: To date, no other sources have expressed an interest in writing. The notices required by FAR 5.201 have been published and any proposals received shall be considered.

10. Other Factors:

Procurement History: None – Not previously purchased as a Kit.

Procurement History for Wrap Only:

Contract: DAM17-90-R-0167

Contractor: M-C Industries

Award Date: Sep 1990

Competitive Status: Not Competed

Authority: FAR 6.302-2

Control No.: Unknown

This is the first time buy of the entire CPPW Kit. Previously, the items were purchased separately and combined by the Government. It has been determined to be more economical to purchase the fully assembled kit, and an NSN has been assigned.

11/12. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

Name: XXX Date: 25 Sep 2009

Title: Commander, USAMMDA Signature: //S// XXX

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on cost analysis and a DCAA audit of the proposal. Certified Cost or Pricing Data will be required.

Name: Kevin S. Sommer_________ Date: 25 Sep 2009

Title: PCO/Group Leader_________ Signature: //S// Kevin S. Sommer

14. Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: Kevin S. Sommer_________ Date: 25 Sep 2009

Title: PCO/Group Leader_________ Signature: //S// Kevin S. Sommer

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of 730 each Chemical

Protective Patient Wrap Kits, NSN: 6545-01-577-1047, P/N: 41173006, End Use: Medical

Equipment Sets, Chemical Patient Treatment, at a total estimated value of $11,890,211, on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(2), subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition.

DATE: 25 Oct 09 SIGNATURES:

HARRY P. HALLOCK

Principal Assistant Responsible for Contracting