Dycor_-_MICC_Justification_and_Approval_KO_Approval_Other_than_Full_and____.pdf

FDO/ MICC Control No.

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(Actions NTE $650K for other than Simplified Acquisition Procedures)

1. Agency/Contracting Activity: Mission and Installation Contracting Command; Dugway Proving Ground

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds: RDT&E

Name of Proposed Contractor(s): Dycor Technolgies Ltd Street Address: 1851 94 St NW City, State, Zip: Edmonton, AB T6N 1E6 Phone: 780-486-0091

3. Description of Services or Supplies:

The total estimated value of the proposed action is $ 316,946.15

The contractor shall provide the following services: Off-Site Preventative Maintenance and Repair:

Equipment requiring maintenance and/or repair will be shipped to the contractor’s facility by the requiring activity, Life Sciences Division (LSD), on an as needed basis. The contractor will assess the equipment and provide a repair cost estimate prior to receiving authorization to proceed.

Equipment includes: High Performance Asynchronous Multiplexing System.(HPAMS);

Concentrator Fluorescence Aerosol Particle Sensor (CFLAPS); Power Control Modules (PCMs);

Vacuum Control Modules (VCMs); New Brunswick Slit-to-Agar Air samplers; and Metrological weather stations.

Concentration Fluorescence Aerosol Particle Sensor (CFLAPS) Recertification: The CFLAPS is a complex, high volume use item that may be returned to the contractor- after proper decontamination

- for recertification upon completion of heavy use or as needed. Recertification cost shall be a per-unit Firm fixed price. The cost of equipment parts required by the contractor to satisfy the recertification requirement will be included in the unit-price. Additional repairs that are identified during the recertification will be communicated to LSD. A cost estimate to conduct these repairs will be provided to LSD. Authorization to proceed with repair outside of the recertification contract line item will be granted under the off-site maintenance and repair contract line item.

Chem/Bio Network (CBNET) Software Additions, Updates and Modifications: Life Sciences Division would utilize this contract mechanism to acquire needed upgrades, or LSD-solicited modifications to the CBNET software thereby allowing LSD the flexibility to adapt the software for future test and evaluation requirement or needs. CBNET software is resident, in distributed fashion, in all components of the referee system. Upgrades and/or DPG-solicited modification will be

-2-determined on a case-by-case basis during discussion with the contractor and DPG LSD. A contractor cost estimate will be provided prior to authorization to proceed.

Estimated cost per period of performance:

Base Period: $101,850.00 Option Period One: $81,743.75 Option Period Two: $43,496.88 Option Period Three: $31,014.45 Option Period Four: $40,841.08

The base period and all option terms will be evaluated at the time of contract award. Anticipated option period is 12 months. The requiring activity is LSD.

4. Authority:

Actions other than simplified acquisition procedures (select one):

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

5. Reasons for Authority Cited:

a. Background: In 1996, Dycor Technologies Ltd. was contracted by Dugway Proving Grounds, Life Sciences (DPG LSD), to provide a hardware/software solution to be used for refereeing biological detection testing. This system was intended to provide the capability to automate and remote start of equipment, collect and display quantitative measurements of biological aerosol clouds, timestamp and store pertinent data for after-trial analysis. Further procurement of Dycor equipment and upgrades to increase existing referee pool were made in 1999, 2004, 2006, 2007 and 2010. It is estimated that over $5.5 Million has been awarded to Dycor for equipment and services.

Alternatives: No other alternatives have been identified.

Justification: Biological field testing on Dugway Proving Ground relies heavily on Dycor equipment. A variation of the referee system has been used for every outdoor test in the last 15 years (Whole System Live Agent Test, Joint Biological Point Detection System, Joint Biological Standoff Detection System). Due to this dependency, however, the current referee system has unfortunately become a single point failure for aerosol testing. Reliability, dependability, and availability (RAM) are issues and downtime for repair has the potential for significant delay to test schedule and substantial budget increase. RAM is paramount for successful testing and failure to maintain the system would create costly consequences for the government. These consequences are difficult to quantify but a hypothetical dollar lost dollar loss due to inoperable equipment over at 10 year test period, at a 20% failure rate would easily exceed $1,800,000.

Equipment is evaluated by LSD staff on a case-by-case basis to determine RAM (reliability, availability and maintainability). Minor repairs are made in house, but a majority of faulty equipment requires more intensive evaluation by the contractor. Because of this, and the burdensome and time consuming nature required to correct deficiencies, a small pool of existing

-3-equipment are inoperable and turn-around time for repair, in most cases, exceeds the test schedule that it is required for. Fortunately reserve units have been in sufficient quantity to continue testing in the event a component becomes inoperable. The Division, however, has no suitable in-house mechanism to maintain the RAM of this equipment other than to directly pay for repair on a cost-by-cost basis. By substantially mitigating major problems before they develop and providing a mechanism for quick repair, a service contract will reduce total cost and time to service equipment that otherwise would be required to be repaired and maintained regardless of an active service contract. This process will streamline the Division’s capability to support testing. Due to the proprietary nature of the equipment involved, and the sophisticated instrumentation required, Dycor technicians are the only individuals capable of diagnosing, testing, calibrating, verifying, and certifying their instruments at level of precision required by Life Sciences Division.

For reasons cited in paragraph a, a sole-source action is the only viable option because the equipment is proprietary; options available to the Government to increase competition are not available at this time.

6. Actions to Increase Competition: Based on explanation previously provided, full and open competition is not feasible for this requirement. If in the future the Government needs to renew the maintenance and repair contract, thorough market analysis will be completed by the Government to determine if there is more than one supplier that is capable of fulfilling the Government’s requirement. A notice of intent to negotiate on a sole source basis will be publicized for this requirement on Federal Business Opportunities website for a minimum of ten (10) calendar days.

7. Market Research: Initial market research was, and continues to be, conducted from research undertaken through the Internet, professional trade and peer-reviewed journals, subject matter experts, and vendor requests for product information. No such information or source was found to be compatible or sources identified that could provide this type of service. Dycor Technologies LTD appears to be the only company that provides service and maintenance for this equipment.

Results of the market research also revealed that Dycor Technologies LTD is the only company that sells said equipment. Specifically, an abbreviated market search was conducted using World Wide Web inquiries, technical journals, and professional contracts to locate other sources available to meet these requirements.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Order Number Award Total Award Date

W911S6-09-D-0006-0002 $592.10 01 Mar 2010 W911S6-09-D-0006-0004 $15,894.90 04 May 2011 W911S6-09-D-0006-0005 $22,050.00 01 Jun 2011 W911S6-09-D-0006-0006 $24,723.91 20 Dec 2011 W911S6-09-D-0006-0007

Was action competed?

Yes

$23,373.00

No

30 July 2012

The previous contract with the listed vendor was awarded based upon the same authority cited for this justification. Although actions to increase competition were previously implemented prior to award of that contract, a sole-source action continues to be the only viable option for a new award of contract.

9. Additional Information to support the justification. None

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The request for quote will be

12. Reviews: I have reviewed this justification and have no Small Business concerns.

Local Small Business Specialist (if value exceeds $150K) Typed Name: _Alfred J. Keetch Date:

Digitally signed by

KEETCH.ALFRED.JIM.1259495306

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, 15 Sept 2015

JIM.1259495306 ou=USA, cn=KEETCH.ALFRED.JIM.1259495306 Date: 2015.09.17 09:35:33 -06'00'

I have reviewed this justification and find it legally sufficient.

Legal Counsel (if value exceeds $150K) Typed Name: _Kateni Leaheke Date:

15 Sept 2015

Signature:

Digitally signed by LEAKEHE.KATENI.TANIELA.1179787993 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LEAKEHE.KATENI.TANIELA.1179787993 Date: 2015.09.17 10:35:46 -06'00'

13. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

NAME: Paul E. Frailey TITLE: Procuring Contracting Officer

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Submitted By: D

Position Title (Division Chief or higher): D

Email address: D

Signature:

Date:

Signature: KEETCH.ALFRED.

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