A04_JA_JCAD_CED_Probe_Tips_W911SR-17-C-0006_P00007_redacted.pdf

Control No: JA-Edg-18-365 Contractor: Smiths Detection

Supply/Service: JCAD-CED Probe Tips

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: Production and procurement of probe tips to be used for the Joint Chemical Agent Detector (JCAD) Chemical Explosive Detector (CED) adapter for solid and liquid chemical threat detection and identification.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $

Prepared by:

Contracting Officer: Alex Schupp DSN: 584-1331 Contracting Officer Date: 4/27/18 Email: alex.m.schupp.civ@mail.mil

Technical/:

Requirements

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY: U.S. Army Contracting Command

Aberdeen Proving Ground Edgewood Contracting Division 8456 Brigade Street

APG, MD 21010-5401

2. DESCRIPTION OF ACTION: The Joint Project Manager for Nuclear, Biological and Chemical Contamination Avoidance (JPM NBC CA) requests a Firm-Fixed Price (FFP) modification to contract W911SR-17-C-0006 with Smiths Detection Incorporated (Smiths), 2202 Lakeside Boulevard, Edgewood, MD 21040 for the purchase of 24,000 custom probe tips for the JCAD CED adapter. Given approval, the Government projects award to procure the consumables in May 2018. FY18 Research, Development, Test, and Evaluation (RDT&E) funds will be used to procure the tips. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. DESCRIPTION OF SUPPLIES/SERVICES: The JCAD is an Acquisition Category (ACAT) III program that provides chemical vapor detection. The JCAD is a hand held device that automatically detects, identifies and alerts operators to the presence of nerve and blister vapors. The JCAD-CED adapter interfaces with the JCAD to provide enhanced liquid and solid chemical detection. The JCAD-CED adapter includes a heated sampling probe, an inlet for the probe, probe tips, and a software package to allow interfacing with the JCAD for detection of explosives, Low Volatility Compounds (LVCs), and Pharmaceutical Based Chemicals. Given this range of detection capability, the JCAD-CED is considered a highly specialized equipment. The probe tips are customized specifically for the JCAD-CED.

The current contract CLIN 0004 requires the contractor to deliver 1,500 JCAD-CED adapter probe tip consumables for the test program. The Government now requires an additional 24,000 probe tips to successfully support an increased number of JCAD-CED test events and trials scheduled to initiate June 2018. The additional probe tips are required to ensure enough data and test trials are performed to successfully evaluate the JCAD-CED for readiness

Aside from the procurement of the additional probe tips, the scope of work remains unchanged; an overview of the base period is as follows:

Design Improvement: The design improvement base period of this effort spans 18 months.

During this base period, the contractor is required to complete design improvements to the JCAD-CED adapter that arose during previous testing. This effort also includes additional Non-Recurring Engineering (NRE), test support, and logistics product updates. The contractor is required to deliver the following supply items during the base contract:

25,500 spare probe tip consumables for the CED adapter 20 Engineering Prototype (EP) 2 CED adapter kits

The total estimated value for the production and supply of the 24,000 additional spare probe tip consumables is Delivery is required incrementally between 4 June 2018 and 4 September 2018. The revised estimated contract value for the design improvement phase including all options and performance incentives is

4. AUTHORITY CITED: 10 USC 2304(c)(1) as implemented by FAR Part 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED: As described at FAR 6.302-1(a)(2)(ii)(A), “Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.”

Smiths has been the sole developer and manufacturer of the JCAD under contract W911SR- 07-C-0080.

he JCAD-CED adapter includes the probe and probe tips.

Based on the above, this effort represents a logical follow-on production of the JCAD-CED adapter spare probe tips, which are highly customized, and already being procured under this contract in smaller quantities. Given the lack of technical data rights and existing investment in the JCAD-CED adapter probe tips, the costs to pursue a competitive procurement are not anticipated to be recovered through competition. As such, there is only one responsible source and no other supplies or services will meet agency requirements.

6. EFFORTS TO OBTAIN COMPETITION: The Contracting Officer shall publish the notice required by FAR 5.201 and any bids or proposals received shall be considered. A Notice of Intent to Sole Source was posted to FedBizOpps on 6 April 2018.

Because this is a sole source action, effective competition is not applicable. Subcontracting competition is achieved through FAR clause 52.244-5, Competition in Subcontracting, which is already in the base contract.

7. ACTIONS TO INCREASE COMPETITION: Based on the information in paragraph 5 above, no actions will be taken to increase competition except for the JCAD-CED adapter consumables indicated below.

All testing under the current contract is scheduled to be completed in 2018. The time necessary to meet the requirements of the work to be performed and for the JPM to enter into another contract to acquire spare probe tips through the use of competitive procedures is time and cost prohibitive. Therefore, full and open competition cannot be used for this procurement.

8. MARKET RESEARCH:

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205- 71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302- 1(d), a notice of intent to sole source was posted to the Federal Business Opportunities (FBO) website on April 6th, 2018 for 6 days

In addition to the FBO announcement, the JCAD-CED team conducted market research in April 2018 by consulting with Subject Matter Experts (SMEs), conducting internet searches, and by reviewing prior test data and reports comparing probe tip materials.

The research has indicated the following:

9. INTERESTED SOURCES: To date, no other sources have written to express an interest in this acquisition.

10. OTHER FACTS:

a. Current Contract: W911SR-17-C-0006 was awarded on 22 December 2016 on a sole-source basis to Smiths Detection. A Justification and Approval (J&A) for other than full and open competition was approved prior to solicitation.

b. Procurement history:

Contract: W911SR-15-P-0014 Contractor: Smiths Detection Award Date: 5 May 2015 Competitive Status: Non-Competitive Authority: FAR 13.106 Actions to Increase Competition: “The purpose of this effort is to evaluate the feasibility of performance of the JCAD-CED against NTAs. The JCAD-CED is proprietary to Smiths Detection Inc. and barriers will not be overcome.”

Contract: W911SR-12-C-0048 Contractor: Smiths Detection Award Date: 29 June 2012 Competitive Status: Competitive BAA Change in Circumstances: FAR 35.106 indicates that BAA’s can be used for, “acquisition of basic and applied research and that part of development not related to the development of a specific system or hardware procurement.” Upon completion of the BAA the technology had progressed to a point where development would focus on integration with the JCAD. As such, it was no longer appropriate to utilize a BAA, and lack of technical data rights prevented a competitive procurement.

11. TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME:

TITLE:

Signatu Date:

12. REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME:

TITLE:

Signat Date:

5/1/2018

5/1/2018

13. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made using price analysis and an Independent Government Cost Estimate (IGCE). Certified cost or pricing data will not be required as the value of this action falls under the Simplified Acquisition Threshold..

NAME: Alex Schupp TITLE: Contracting Officer

Signat Date:

14. CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: Date:

Approval

Based on the foregoing justification, I hereby approve the procurement of (state the supplies/services being procured) on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Signature: Date:

10 May 2018