SS PC234095 Sole Source Justification.pdf

Department of Enterprise Services – C&P Page 1 of 6 June 2024

Sole Source CONTRACT Filing Justification Template

Use the following justification template for preparing to file sole source contracts in the Sole Source Contracts Database (SSCD). Once completed, copy and paste the answers into the corresponding SSCD question and answer fields. You will also need to include a copy of this completed form in the documents you post to your agency website and in WEBS.

What is a sole source contract?

"Sole source" means a contractor providing goods or services of such a unique nature or sole availability that the contractor is clearly and justifiably the only practicable source to provide the goods or services. (RCW 39.26.010)

Unique qualifications or services are those which are highly specialized or one-of-a-kind.

Other factors which may be considered include past performance, cost-effectiveness (learning curve), and/or follow-up nature of the required goods and/or services. Past performance alone does not provide adequate justification for a sole source contract. Time constraints may be considered as a contributing factor in a sole source justification, however will not be on its own a sufficient justification.

Why is a sole source justification required?

The State of Washington, by policy and law, believes competition is the best strategy to obtain the best value for the goods and services it purchases, and to ensure that all interested vendors have a fair and transparent opportunity to sell goods and services to the state.

A sole source contract does not benefit from competition. Thus the state, through RCW 39.26.010, has determined it is important to evaluate whether the conditions, costs and risks related to the proposal of a sole source contract truly outweigh forgoing the benefits of a competitive contract.

Providing compelling answers to the following questions will facilitate DES’ evaluation.

Specific Problem or Need

• What is the business need or problem that requires this contract?

The WSP Interagency Bomb Squad is needing to purchase a Gas-Tight Total Containment System. This state-of-the-art system is crucial for ensuring the safety https://sscd.des.wa.gov/Logon/Logon.aspx?ReturnUrl=%2f https://sscd.des.wa.gov/Logon/Logon.aspx?ReturnUrl=%2f https://pr-webs-customer.des.wa.gov/

Department of Enterprise Services – C&P Page 2 of 6 and efficiency of bomb disposal operations. Total Containment Vessels (TCVs) are fully enclosed containers designed to safely secure, transport, and test explosive or chemical devices.

TCVs are used by highly trained personnel as mitigation solutions to help protect people, property, and the environment from primary and secondary fragmentation and gases that generally result from the detonation of an explosive. TCVs with gas-tight capabilities are systems designed for use by military and public safety bomb technicians to eliminate hazards to personnel, material, and property when improvised explosive devices (IEDs), unexploded ordnance (UXO), or unknown chemical or biological hazard items are discovered and need to be transported from the operations site to a suitable investigation or disposal site. Examples would be finding an IED or UXO at the state capital or downtown in a congregated area, or a white powder package delivered to an election’s office or individual device. Once an unknown hazard object is contained in the TCV chamber, the surrounding area is protected from blast effects of the explosive device, up to the explosive rating of the chamber.

Sole Source Criteria

• Describe the unique features, qualifications, abilities or expertise of the contractor proposed for this sole source contract.

NABCO Systems, LLC, is the only company in the world which is capable of providing the Total Containment Vessels with gas-tight blast containment capacity of at least 10 pounds.

This system offers the following features unavailable with any other system currently available in the world today:

• Gas-Tight Blast Containment Capacity of 10 pounds C-4(Model M-42-GT-SCS):

Performance has been independently tested with a thermal and pressure-resistant tracer gas, measured before and after detonation, and tested for extended periods of time to verify system can remain sealed indefinitely.

• Full Capacity Blast Testing Prior to Shipment: Every NABCO TCV is tested to its full repeatable blast capacity rating prior to shipment.

• Closed-Loop Chem/Bio Sampling System for retrieval of both liquid and gas samples, pre or post-detonation, with or without pressure (Gas-tight units only)

• Ability to draw samples into a zero psi sample bottle: This minimizes risk of exposure to the operator, and no risk of over-pressurization for the laboratory evaluation of the sample (Gas-tight units only)

• Ability to collect accurate and representative samples regardless of the weight of the hazardous material inside the vessel: Depending on what agent is inside the TCV, it may weigh more or less than air, which will segregate to the top or bottom of the vessel. The NABCO 42-GT-SCS is equipped with both a top and bottom sample port and is capable of circulating the internal atmosphere so that a representative sample can be achieved.

Department of Enterprise Services – C&P Page 3 of 6

• Ability to decontaminate the system when sampling is complete by introducing a reagent into the tank, piping, and valves.

• Fail-Safe Operational System: NABCO TCV hydraulics are used only for the actuation of the door and door securing systems. Once closed, the door is held together mechanically, eliminating the possibility of accidental door release due to any power, hydraulic, or other system failure

• Manual Backup System: Manual system is capable of completely closing and sealing the door by one person, without any power, hydraulics, or pneumatics

• All maintenance, repairs, and calibrations have to be performed by NABCO-trained and certified personnel in order not to violate the warranty.

Certifications & Designations

• DDESB Approval for 10 pounds of C-4 (NEW 12.8 pounds) with a safe stand-off of 5 feet

• Designated as Anti-Terrorism Technology by the US Department of Homeland

Security SAFETY Act program

• The patent numbers for this system are: 5,826,631; 5,337,793; 5,499,665;

5,186,219; 4,999,333; 7,506,568 B2; and 7,765,910 B2

• What kind of market research did the agency conduct to conclude that alternative sources were inappropriate or unavailable? Provide a narrative description of the agency’s due diligence in determining the basis for the sole source contract, including methods used by the agency to conduct a review of available sources. Use DES’ Market Research Template if assistance is needed.

A general web search was done for Total Containment Vessels with results that included NABCO Systems, LLC, and Banksia Defence Technology.

Banksia Defence Technology is located in Brisbane, Queensland. On their website they listed NABCO and Mistral total containment vessels.

Banksia Defence Technology does not list the Nabco Systems TCV for sale on their website just information about the unit.

• As part of the market research requirements, include a list of statewide contracts reviewed and/or businesses contacted, date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

No other vendors sell this equipment. NABCO Systems, LLC, is the only manufacturer and distributor for this equipment.

• Per the Supplier Diversity Policy, DES-090-06: was this purchase included in the agency’s forecasted needs report?

Department of Enterprise Services – C&P Page 4 of 6

Yes

• Describe what targeted industry outreach was completed to locate small and/or veteran-owned businesses to meet the agency’s need?

No other vendors sell this equipment and NABCO Systems, LLC, is the only manufacturer and distributor of this equipment.

• What considerations were given to unbundling the goods and/or services in this contract, which would provide opportunities for Washington small, diverse, and/or veteran-owned businesses. Provide a summary of your agency’s unbundling analysis for this contract.

There isn’t a small business that manufactures or distributes a Gas-Tight Total Containment System. NABCO Systems, LLC, is the only manufacturer and distributor of this equipment. This equipment can’t be unbundled.

• Provide a detailed and compelling description that includes quantification of the costs and risks mitigated by contracting with this contractor (i.e. learning curve, follow-up nature).

NABCO Systems, LLC, is the only company that builds the TCV. The risk to the communities of Washington State outweighs the risk of contracting with this sole source contractor. The ever-developing threats to homeland security, justify the need for the TCV. The purchase of this equipment will ensure the bomb technicians have the tools to fight terrorism and other threats to communities in Washington State.

• Is the agency proposing this sole source contract because of special circumstances such as confidential investigations, copyright restrictions, etc.? If so, please describe.

No

• Is the agency proposing this sole source contract because of unavoidable, critical time delays or issues that prevented the agency from completing this acquisition using a competitive process? If so, please describe. For example, if time constraints are applicable, identify when the agency was on notice of the need for the goods and/or service, the entity that imposed the constraints, explain the authority of that entity to impose them, and provide the timelines within which work must be accomplished.

No

Department of Enterprise Services – C&P Page 5 of 6

• What are the consequences of not having this sole source filing approved? Describe in detail the impact to the agency and to services it provides if this sole source filing is not approved.

If the purchase of the NABCO Total Containment Vessel is not approved, it will hinder the capabilities of the WSP Interagency Bomb Squad, and the entire region, in providing bomb technicians with a cutting-edge tool to handle hazardous situations more effectively. The safety of our community and the personnel involved in these operations is of utmost importance. Currently the team does not have total containment vessel capability. The only TCV in the state is used exclusively by the Spokane Police/Sheriff Bomb Squad and is aging and does not have gas-tight chemical/biological capability.

The gas-tight seal of the NABCO TCV significantly reduces the risk of leaks and ensuring containment of hazardous substances. This enhanced containment capability is crucial for preventing environmental contamination and safeguarding against potential health hazards. The advanced engineering of NABCO's TCV minimizes the likelihood of accidental releases, making it a superior choice for complying with stringent regulatory standards.

Additionally, the Washington State Patrol Interagency Bomb Squad was awarded funds from a legislative decision package to purchase this equipment. Those funds would be lost if not spent on this procurement.

Sole Source Posting

• Sole Source Posting on Agency Website - Provide the date in which the sole source posting, the draft contract, and a copy of the Sole Source Contract Justification Template were published on your agency’s website.

- If failed to post, please explain why.

• Provide the date in which the sole source posting, the draft contract, and a copy of the Sole Source Contract Justification Template were published in WEBS.

- If failed to post, please explain why.

• Were responses received to the sole source posting in WEBS?

- If one or more responses are received, list name of entities responding and explain how the agency concluded the contract is appropriate for sole source award.

Department of Enterprise Services – C&P Page 6 of 6

Reasonableness of Cost

• Since competition was not used as the means for procurement, how did the agency conclude that the costs, fees, or rates negotiated are fair and reasonable? Please make a comparison with comparable contracts, use the results of a market survey, or employ some other appropriate means calculated to make such a determination.

There is no comparable contract to make a comparison with. Bomb operations related equipment is expensive and often only manufactured and distributed by one company, typically due to patents and innovation. Since NABCO Systems, LLC, is the only manufacturer and distributor of the TVC, agencies who purchase this equipment pay the amount quoted by the manufacturer. The cost of this specialized equipment is reasonably in line with other bomb specialized equipment.