SAM_Justification Approval (TSI)-2022.pdf

JUSTIFICATION AND APPROVAL (J&A) FOR

OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304(c)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by

Federal Acquisition Regulation (FAR) Subpart 6.3, and in accordance with the requirements of

FAR 6.303-1, the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Shore

Infrastructure Logistics Center (SILC) proposes to enter into a requirements contract with a one-year Base Period on a basis other than full and open competition.

2. Nature and/or description of the action being approved.

The U.S. Coast Guard has a requirement on a sole source basis for the calibration and repair of

PortaCount 8030s and 8038s.

Contractor: TSI, Inc.

Address: 500 Cardigan Road Shoreview, MN 55126

3. Description of Supplies/Services.

This requirement is to provide calibration and repair service to the PortaCount 8030s and 8038s belonging to the USCG. This equipment has a yearly calibration/repair requirement in order for proper operation of the systems. The manufacturer is the only capable vendor of providing this service.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c), implemented by FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other

Supplies or Services Will Satisfy Agency Requirements”.

5. Demonstration That the Nature of the Acquisition Require Use of the Authority Cited.

The PortaCount 8030s and 8038s is a respirator fit test used by the USCG to conduct quantitative fit testing on USCG personnel for gas masks, SCBAs, disposable respirators, and other types of respirators.

Through competitive procedures, contracts have been awarded in the past several years for the purchase of PortaCount 8030s and 8038s. Currently the USCG has an inventory of 57 PortaCount

8030s and 50 PortaCount 8038’s at an estimated inventory value of $1,526,250.00.

These units will need to be supported until the end of their service life or until a suitable replacement is selected.

It is necessary to restrict competition on this acquisition for the following reasons;

(A) Only one source within the United States is capable of providing calibration and repair services.

(B) Maintain continuity throughout the USCG and minimize the costs for parts, preventive and remedial maintenance.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A FedBizOpps notice will be publicized as required by FAR Subpart 5.1 and 5.2. In accordance with FAR 6.305(a), the J&A will be posted on FedBizOpps within 14 days after contract award.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on prior acquisition history that will help the contracting officer determine the anticipated cost is fair and reasonable (FAR Subpart 15.4).

8. Description of Market Research.

Market Research in the form of internet searches was conducted to find contractors to perform calibration and repair of the PortaCount 8030s and 8038s. This research concluded that as the sole manufacturer/distributor of the PortaCount 8030s and 8038s, TSI, INC. is the only contractor that can perform the required calibration and repair of the PortaCount 8030s and

8038s.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

This requirement is to provide calibration and repair service to the PortaCount 8030s and 8038s belonging to the USCG. Currently the USCG has an inventory of 57 PortaCount 8030s and 50

PortaCount 8038’s at an estimated inventory value of $1,526,250. As the sole manufacturer/distributor of the PortaCount 8030 and 8038, TSI, INC. is the only contractor that can perform the required calibration and repair of the PortaCount 8030 and 8038. The only other option would be for the USCG to enter into a contract through open competition to replace

PortaCount 8038 with brand new systems, at an estimated cost of $16,728.36 per system. This option would create additional and duplication of costs that could not be recovered through competition, as well as, greater expense in logistics management, continuity disadvantages and additional expenses associated with training and maintaining multiple systems within the USCG for the same capability.

10. A Listing of the Sources, if Any, That Expressed, in Writing, an Interest in the

Acquisition.

Other than the incumbent, TSI, Inc., no sources expressed an interest in the acquisition.

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 Supplies or Services

Required.

The Agency has no plans to take any action at this time to remove or overcome any barriers to completion at this time; it is anticipated that in the future a new contract for fit test devices will be executed as the current inventory of PortaCount 8030’s and 8038’s reaches the end of its service life. With such an effort, competitive contracting will be executed to obtain the best solution available.

12. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer Date

$650K or Less