Redacted JA 29Sep20.pdf

J&A Number: 112003

SOURCE SELECTION SENSITIVE – SEE FAR 2.101 AND 3.104

J&A Number: 112003 Code: E14

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity:

The Naval Sea Systems Command, Naval Surface Warfare Center Panama City Division (NSWC PCD), Contracts Department, Code 02, 110 Vernon Avenue, Panama City, FL 32407-7001.

2. Description of Action Being Approved:

Authorization to solicit, on a sole source basis, Ocenco Incorporated, 10225 82nd Ave, Pleasant Prairie, WI, 53158, for the acquisition of Emergency Escape Breathing Devices (EEBDs).

The EEBD is a self-contained closed-circuit emergency escape breathing apparatus/device for use in providing breathing air for escape from spaces aboard Navy ships where atmospheres are classified as Immediately Dangerous to Life or Health (IDLH).

The EEBD is primarily intended for escape from shipboard smoke and fire.

3. Description of Supplies/Services:

This procurement is for the award of five year, firm fixed priced Blanket Purchasing Agreement (BPA) to acquire EEBDs and EEBD training devices that are CAP 1 certified in accordance with the National Institute for Occupational Safety and Health (NIOSH); with an ordering ceiling of 22,750 units with an estimated value of $6,837,500. The following are estimated quantities and costs of the items being acquired per ordering period:

Ordering Period

EEBD

EEBD Unit

Cost

EEBD

Trainer EEBD Trainer Unit Cost

Total Cost

Period 1 4500 50

Period 2 4500 50

Period 3 4500 50

Period 4 4500 50

Period 5 4500 50

Totals: 22,500 - 250 - $6,837,500.00

The Government’s minimum needs have been verified by the certifying technical and requirements personnel. This J&A does not authorize acquisition for other requirements. The period of performance is for five (5) years. Funding will be fiscal year 2021 - 2025 funds.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements, FAR 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority Pursuant to Authority (1) Citation 10 U.S.C.2304(c)(1), FAR 6.302-1(a)(2)(iii), this acquisition is unsuitable for full and open competition for the following reasons:

Ocenco Incorporated is the only responsible source capable of providing the required EEBDs to refit several Navy ships that have expired or near-expired EEBDs. OPNAVINST 5100.19F (Navy Safety And Occupational Health Program Manual For Forces Afloat) requires that respirators including EEBDs must be certified by NIOSH. EEBDs used by the US Navy are Capacity Rating (Cap) 1 (a

R 84 Subpart O. NIOSH maintains a list of current certified Cap 1 respirators on their website:

https://wwwn.cdc.gov/NIOSH-CEL/Results?pageSize=50&schedule=13G

Per the latest check in August 2020, Ocenco Incorporated is the only manufacturer listed with certified Cap 1 devices and the only current provider of the NIOSH certified Cap 1 EEBD.

In addition to being the Original Equipment Manufacturer (OEM), only EEBDs acquired from Ocenco can meet the Government’s needs for the following reasons:

The U.S. Navy’s operational risk increases when multiple EEBD manufacturers/configurations are installed aboard the same ship. As new model M-20.3 EEBDs have been outfitted in the Fleet since , NAVSEA has worked with NAVSUP to ensure only one model (configuration), Ocenco EEBD, is on each ship. The fleet needs approximately EEBDs and replacement of all would cost approximately , over the course of five years.

Periodic training is required onboard every U.S. Navy ship on proper EEBD use for all ship’s crew, Marines, and any visitors. The additional costs of training on a separate EEBD would be approximately , over the course of five years. Standardization of the EEBDs minimizes the types of EEBDS on board and ensures consistency on how to properly don and use these emergency respirators. Note, this cost estimate would depend on how similar a new EEBD is to the current Ocenco models and does not include the risks of managing the different models in the Fleet.

Logistics development time for repair parts support, Fleet Technical Manuals, repair training, Naval Ships’ Technical Manual (NSTM) updates, and maintenance instructions will exceed the required Fleet replacement schedule deadlines created by existing EEBD life expirations should a new manufacturer be selected. The approximate cost for logistics development time, Fleet manuals, repair training, NSTM updates, and maintenance instructions is .

All of these logistics elements are already in place with Ocenco Incorporated.

The time required for the Government to obtain the required authorizations, perform the field testing of the equipment, produce an approved technical manual, allowance equipage lists (AEL), allowance parts list (APL), maintenance and repair procedures, develop a training plan, and other tasks required to initiate another EEBD vendor for Fleet use would exceed .

None of the training or logistics elements could be in place prior to mission needs due to the small window of opportunity to replace expiring units on U.S. Navy ships. Therefore, acquiring any other type of EEBDs will require a complete change in baseline, cause delays in schedule, and not comply with established safety and occupational guidelines.

In summary, Ocenco Incorporated is the only manufacturer that is CAP 1 certified in accordance with NIOSH, and purchasing from this source on a sole source basis will prevent substantial duplication of costs to the government that is not expected to be recovered through competition, and will not cause unacceptable delays in fulfilling the agencies requirements.

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

Market research was conducted as follows:

Research was conducted for a Certified Equipment List under the CDC using NIOSH as a source for Certified CAP 1

Manufacturers for EEBDs. The Certified Equipment List resulted in only one approved source of CAP 1 certification; Ocenco, Inc.

A Sources Sought notice was published via Beta.SAM.gov on 30 March 2020 and closed on 14 April 2020. The notice resulted in one response from the OEM, Ocenco, Inc., stating that none of their distributor agreements authorize them to sell to the U.S. Government. No other responses were received from industry.

Moreover, this proposed contract action will be publicized in the government point of entry beta.sam.gov, as it is not exempt from synopsis.

If other approved sources emerge during the duration of this BPA, the requiring activity plans to establish additional agreement(s) to permit competition amongst small business concerns.

7. Determination of Fair and Reasonable Costs The Contracting Officer has determined that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable. Actions that will be taken to determine that the offeror’s proposed price is fair and reasonable are the utilization of:

Similar quantities of this requirement have been purchased from this offeror in the past and cost/pricing information was received on those past procurements.

This information should be sufficient to support the fair and reasonable cost determination of this procurement.

8. Actions to Remove Barriers to Competition For the reasons set forth in Paragraph 5, NSWC PCD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWC PCD will assess whether competition for future requirements is feasible, as stated in paragraph six.

_______________Signatures Follow this Page____________________

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Signature Code E10 Phone Date

REQUIREMENTS COGNIZANCE:

Signature Code E Phone Date

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

Signature Code 00L Phone 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.

Date

APPROVAL BLOCK (FAR 6.304(a)(2)for Approving Official)

Upon the basis of the above justification, I hereby approve, as the Competition Advocate of the Contracting Activity, the solicitation of the proposed procurement described herein using other than full and open competition.

Competition Advocate:

Signature, Mary L. Langfeldt Code 02, Chief of Contracts Date