REDACTED - JandA DCM HEPA VACS final PDF.docx

Justification for Other Than Full and Open Competition

1. Defense Logistics Agency (DLA) Troop Support, Construction and Equipment Supply Chain, is the contracting activity.

2. The action being approved is the ability to solicit for DLA requirements on an other than full and open competition basis.

3. Following are the supplies required to meet DLA’s needs:

Item Description: HEPA Air Vacuum Systems, Parts and Accessories DCM Clean Air Products Inc. - 275 Part Numbered Items

National Stock Numbers (NSNs)

Numbers Annual Estimated Quantity Unit of Issue

DLA

Estimated Unit Price

04455246 06277605 04455248

Base Period: Two (2) Years Number of Options: Three – One (1) Year Options Estimated Dollar Value, Inclusive of options: $34,000,000.00 Maximum Dollar Value: $45,000,000.00

4. The applicable statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, only one responsible source and no other supplies will satisfy agency requirements.

5. The use of this authority is necessary because the only items that will meet the needs of the Government are the DCM HEPA Air Vacuum Systems, Replacement Parts and Accessories. The DCM System is specially engineered and designed with a patented shroud covered sander attachment and a three-stage filtration system, which is used during corrosion control and nuclear abatement operations, due to its ability to capture lead asbestos dust and various forms of chromates at the source of generation, which have all been linked to occupational diseases such as lung cancer, respiratory tract infections, irritation of the nasopharynx, rhinitis and dermatitis. The DCM Vacuum Systems are small, portable units, which allows for their use in small crevices on aircraft and ships. Due to its unique design, this system achieves high performance levels at an average capture velocity of 1,950 feet per minute (fpm) with the sander attachment, and 3,000 fpm without the sander attachment. This system’s proven effectiveness in capturing chromate dust at the source of generation resulted in the DCM system being listed on the United States Air Force’s (USAF) “Workplace Practice Recommendations”, as cited in a Consultative Letter, from the Chief, Industrial Hygiene Branch, Brooks Air Force Base (AFB), dated 30 May 1997. Of the 275 part numbered items cited herein, 263 items are replacement parts and/or accessories that will only fit on the higher level DCM Vacuum assemblies that are currently owned and operated by the USAF.

From 1997 through 2000, the USAF conducted a series of field evaluations to assess the chromate exposure levels and the effectiveness of equipment used during aircraft corrosion control operations at Shaw, Cannon, Holloman, Nellis, Hill, Robbins, Tinker and McCord USAF Bases. The studies were initially conducted by the Industrial Hygiene Branch of the Armstrong Laboratory at Brooks AFB, in conjunction with the USAF Corrosion Program Office, with a final report published in June 2000 by the USAF Institute for Environment, Safety and Occupational Health Risk Analysis. The studies documented the chromate exposure levels during various tasks, while using the DCM Vacuum System, in addition to documenting the exposure levels for an eight (8) hour time weighted average (TWA). According to the November 1997 report, the government’s minimum requirement or ceiling limit, which was set by the Occupational Safety Health Administration (OSHA), was a Permissible Exposure Limit (PEL) of 50 µg/m3 (measured in micrograms per cubic meters of air). With this target ceiling established, the findings from the field evaluations are presented as follows:

In each instance, usage of the DCM System during corrosion control operations, was able to achieve levels below the government’s minimum requirement or target ceiling. In addition, during a comparison assessment in November 1997, the chromate exposure levels were documented using the Tiger Vacuum (legacy system) which was in use at that time, in addition to the exposure levels using the newly proposed DCM HEPA Vacuum System. The findings are as follows:

Corrosion Procedure Chromate Task Exposure (µg/m3) (mean)

8 Hr TWA Chromate Exposure (µg/m3)

Using Tiger Vacuum Using DCM HEPA Vacuum % Decrease

Using Tiger Vacuum

As exhibited by the data above, the DCM HEPA Vacuum System not only met the government’s minimum ceiling requirement of 50 µg/m3 for both the task exposure and the eight (8) hour TWA, but also achieved a significant reduction in the levels of chromate exposure, which was a major goal of the USAF. Field studies were repeated in June 2009 and April 2010 at Langley USAF Base, resulting in similar findings. In February 2020, the Program Manager for the Air Force Corrosion Prevention & Control Office at Wright Patterson AFB confirmed that no further studies have been performed to-date, there have been no changes in the requirements and no change in the chromate permissible exposure levels.

In February 2006, OSHA revised their PEL for chromate exposure to 5 µg/m3. In August 2007, an additional series of evaluations was conducted by the Federal Aviation Administration, in an effort to evaluate the DCM HEPA System during corrosion control operations, with the goal of reducing chromate exposure to workers. Previous air sampling after corrosion control operations using a different system, resulted in chromate exposures 2.8 times greater than the new PEL. Laboratory results of air samples, after using the DCM System, were as follows:

Overall, both the USAF and the FAA reports conclusively determined that a significant reduction in chromate exposure levels had been achieved using the DCM HEPA Vacuum Systems, while meeting the minimum requirement of the government. Moreover, although the USAF does not specify any size or weight requirement for a vacuum system, workers did note in each report, that the DCM Vacuum System was found to be higher performing, lighter weight, easily portable, and easier to use in small crevices, whereas the Tiger Vacuum System was found to be large and cumbersome, displaying inadequate suction abilities, and was difficult to use in small crevices.

The DCM Vacuum Systems, Parts and Accessories are exclusively manufactured by DCM Clean Air Products (CAGE Code 0YBX0). The parts and accessories are uniquely designed to fit and work on the DCM Systems exclusively. No other replacement parts or accessories will fit the DCM Systems, thereby rendering the subject items as the only items that can meet the Government’s minimum needs. The Government does not possess the requisite technical data that would be required to solicit for competitive offers.

6. The subject acquisition will be posted to Contract Opportunities in accordance with FAR 5.2. This justification will also be published with the solicitation in accordance with FAR 6.305(c).

7. As the Contracting Officer, I hereby determine that the anticipated cost to the Government will be determined fair and reasonable based on a favorable comparison to historical prices paid by the Government and to prices paid by the commercial sector.

8. Market research was conducted with the original equipment manufacturer, DCM Clean Air Products, and the results indicate that no company, other than DCM Clean Air Products, is capable of supplying the required items. In an attempt to expand competition, a Sources Sought Notice (SSN) was published to Contract Opportunities (beta.Sam.gov) on February 5, 2020 and closed on March 10, 2020. No responses were received.

9. There is no specification available that would be suitable for full and open competition for the subject items, nor are there any other facts supporting the use of full and open competition.

10. DCM Clean Air Products is the only source that has supplied the items in the past and is the only source that has expressed an interest in the proposed acquisition.

11. Actions taken to remove or overcome barriers to competition before any subsequent acquisition include synopsizing, market research to ascertain if any other suppliers or dealers exist, and a technical review to determine if DCM Corporation still remains the only source available to meet the minimum needs of the Government. Technical reviews were conducted in November and December 2019 by DLA Product Specialists for all 275 items included in this justification. No changes were found to the technical requirements for any of the items. Each item’s technical data is accurate and complete, with no other sources identified that can meet the minimum needs of the Government. Changes in technology over the past ten (10) years have resulted in new parts and accessories being added to the higher level assemblies, resulting in an increased number of NSNs compared to the most recent acquisition, but no changes have been made to previous parts procured. The new items added are Original Equipment Manufacturer part numbered items that will only fit on the DCM higher level end item assemblies, and each item is showing demand. DCM Corporation remains the only source available to meet the minimum needs of the Government.

12. As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Date FLORENCE E. ROBINSON-JONES Contracting Officer

I hereby certify that the requirements which form the basis of this justification are accurate, that these supplies meet the Government’s needs in accordance with applicable specifications and that this justification is accurate and complete to the best of my knowledge and belief.

Date MICHAEL PINCNEY Product Specialist

I have reviewed this justification and recommend approval.

Date DANIEL FERRY Division Chief, FCA

I have reviewed this justification and recommend approval.

I have reviewed this justification for legal sufficiency.

__________ ______________________ Date NICOLE M.WILMOTH Supply Chain Counsel DLA Counsel – Troop Support

I have reviewed and hereby approve this justification.