Tab F-1 Justification and Approval-Redacted.pdf

CUI

DEFENSE LOGISTICS AGENCY

DISTRIBUTION

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5008

Template v2.1, Effective September 27, 2024

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Note: Justifications restricting consideration IAW FAR 8.405-6(a) or (b), retitle document “Limited-Sources Justification”)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

DLA DISTRIBUTION

ACQUISITION OPERATIONS (J7)

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PA 17070-5008

Contracting Officer: Erik J. Smith;

Acquisition Specialist: Tom Semones;

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED:

This is a sole source action that will utilize the procedures in FAR Parts 12 and 13.5 and be awarded as a new fixed-price purchase order to Babington Technology, Inc. located at 159 Fabrication Way, Rocky Mount, NC 27804-9356.

Expected Number of quotes/offers: One (1) *More than one (1) quote/offer identifies this as a single/sole source action.

Use of a sole source contract is in the best interest of the agency concerned.

Controlled By: DLA Distribution J7-AB CUI Category: Procure/SSEL Distribution/Dissemination Controls: FED ONLY

POC:

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY’S

NEEDS:

DLA Distribution Hill, Utah, Medical Assembly and Shelter Repair Division has been contracted by the U.S. Navy Medical Readiness Logistics Command to perform modification and refurbishment of four (4) ISO-shelters which are part of the Navy’s 144 bed Expeditionary Medical Facilities. Part of the modification and refurbishment includes the replacement of sink kits for the pharmacy, central sterilization, and laboratory shelters. The original sink kits were designed, manufactured, and integrated into new shelters by Babington Technologies. The requirements for the exact same sink kits are required to: maintain configuration management (same system across the platforms); maintain form, fit and function in the platforms. Systems need to be interchangeable from one platform to the other and still connect to utilities and power hook ups with no engineering changes; repair parts compatibility to keep logistics requirements at a minimum (same system across the platforms); and eliminate any new repair/maintenance training requirements for support personnel.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

The statutory authority permitting other than full and open competition is:

(Check the applicable U.S.C. authority from the listing below)

___ 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1, DFARS 206.302-1)

___ 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2), Unusual and compelling urgency (FAR 6.302-2, DFARS 206.302-2))

___ 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3, DFARS 206.302-3)

___ 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), International agreement (FAR 6.302-4, DFARS 206.302-4)

___ 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), Authorized or required by statute (FAR 6.302-5, DFARS 206.302-5)

___ 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6), National security (FAR 6.302-6)

___ 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7), Public Interest (FAR 6.302-7, DFARS 206.302-7)

_ X_ 41 U.S.C. 1901 or 41 U.S.C. 1903, This J&A satisfies the FAR 13.501(a)(1) and (2) regulations to justify a sole source (including brand name) commercial item acquisition or portion of a commercial item acquisition requiring a brand name. Note: Check the above statement applicable if the J&A is for a sole source (including brand name) acquisition for a commercial product or service with an estimated value greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7million (including options)($13million for acquisitions described in FAR 13.500(c)) that is to be awarded using the simplified procedures for certain commercial items prescribed by FAR 13.5.

_ _ This J&A satisfies the DFARS 211.104 regulation to justify use of brand name or equal purchase descriptions when using sealed bidding (FAR Part 14), negotiated acquisition procedures (FAR Part 15), or simplified procedures for certain commercial items (FAR Subpart 13.5).

___ This justification satisfies the FAR 8.405-6 regulation to justify when restricting consideration IAW FAR 8.405-6(a) or (b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program. The circumstances (i.e. authority) justifying the action is:

___ An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A))

___ Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B))

____ In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed IAW the applicable FSS ordering procedures (FAR 8.405-6(a)(1)(i)(C))

____ Item(s) peculiar to one manufacturer (FAR 8.405-6(b))

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF ACQUISITION THAT REQUIRES USE OF THE CITED AUTHORITY:

Procurement of the specific sink kits, as referenced in paragraph 3, is necessary for the proper integration into the specific U.S. Navy ISO Shelters, as outlined in the approved Statement of Work. Substitution or replacement with another type would unnecessarily burden the customer, as new technical drawing packages would need to be completed, differences in available replacement parts that are already stocked and available to the customer, differences in unit and individual training requirements, and integration with other U.S. Navy unit requirements. These sink kits have been custom built to meet all necessary requirements as determined by the U.S.

Naval Medical Readiness Logistics Command.

In addition, the sink kits include features that transform the sink into a fully functioning system.

These kits include stainless steel cabinetry, doors, sinks and work surfaces; all plumbing and electrical components required for installation; sterilization systems; all hardware required for installation/integration; on-board waste tank with integrated grinder/transfer pump; on-board hot water heater; and Level III drawing sets for installation/integration.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

A synopsis will be publicized on SAM.gov as required by FAR subpart 5.2. Other potential sources have not been identified through market research as the item was manufactured to specifications.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer will make the determination of fair and reasonable cost at contract award.

8. DESCRIPTION OF MARKET RESEARCH:

Market research conducted on the North American Industry Classification System (NAICS) website revealed adhesive manufacturing falls under NAICS 332999. A general search conducted on the SBA Dynamic Small Business website identified 6,031 for NAICS code 332999 – All Other Miscellaneous Fabricated Metal Product Manufacturing. A more detailed search identified 651 vendors for NAICS code 332999 – All Other Miscellaneous Fabricated Metal Product Manufacturing using “custom” as the keyword and seven (7) vendors were identified for NAICS code 332999 – All Other Miscellaneous Fabricated Metal Product Manufacturing using “restaurant” as the keyword.

Market Research was conducted on gsa.gov’s website using the Best-In-Class Research Tool at:

https://buy.gsa.gov/contracts/contracts-vendors-search. Results returned 70 contracts using NAICS code 332999.

9. OTHER SUPPORTING FACTS:

___ Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

___ When FAR 6.302-1, only one responsible source, is cited for follow-on acquisitions as described in FAR 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

___ When FAR 6.302-1, only one responsible source, is cited, as described in DFARS 206.302(d) and DFARS PGI 206.303-2(b)(i)(A), include the results of the request for information (RFI)/Sources Sought Notice posted IAW DFARS PGI 206.302-1 (unless the requirement to post has been waived).

_ __ When FAR 6.302-1, only one responsible source, is cited, as described in FAR 6.302- 1(c)(1)(B), indicate that the use of such descriptions (brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer) in the acquisition or portion of an acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.

___ When FAR 6.302-2, unusual and compelling urgency, is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

___ When FAR 6.302-6, national security, is cited, describe how disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements). This authority must not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

___ For non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.

___ For a sole-source 8(a) contract over $100 million, include such other matters as the head of the agency concerned shall specify for purposes of this section.

___ Other facts supporting the justification:

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION:

Market research was performed; however, no vendors were contacted. Several vendors exist in the marketplace that can provide sheet metal work manufacturing.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE/OVERCOME BARRIERS

BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES/SERVICES IS

REQUIRED/MADE:

DLA Distribution Hill is refurbishing Navy ISO Shelters and replacing required medical equipment for the U.S. Navy Medical Readiness Logistics Command. These shelters are used at locations all around the world. Each shelter, to include all associated equipment, has been specifically designed to work in concert with one another and with other types of on-site equipment and expeditionary shelters. The refurbishment of the shelters and associated equipment is on an as-needed basis. This precludes the immediate ability to ensure conformity amongst all the shelters. Discussions with the Navy will be held to determine if a long-term solution can be implemented that would allow for at least one other manufacturer to provide the shelter equipment.

12. STATEMENT OF DELIVERY REQUIREMENTS:

This will be a Fixed Price Purchase Order with a delivery requirement of 120 days after receipt of order.

13. TOTAL ESTIMATED DOLLAR VALUE OF THE ACQUISITION(S) COVERED BY

THIS JUSTIFICATION:

The Estimated Total Dollar Value is