Class Determination and Findings for DNAD Redacted.pdf

Control No.: MICC DNAD DF 19-01

CLASS DETERMINATION AND FINDINGS

DOMESTIC NON-AVAILABILITY DETERMINATION

FOR CASKET LINERS

Pursuant to Section 2533a, Title 10, United States Code (U.S.C.), as implemented by Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2(b), I hereby make the following findings and determination for the Department of the Army.

FINDINGS

1. The United States Army Human Resources Command (HRC), Casualty and Mortuary Affairs Operations Division (CMAOD) executes Army Casualty and Mortuary Affairs to support Department of Defense (DoD) directed missions in accordance with Army Regulation (AR) 638-2 (Army Mortuary Affairs Program), and Department of the Army Pamphlet (DA Pam) 638-2 (Procedures for the Army Mortuary Affairs Program).

The mission of CMAOD is to assist and support Army Families in an emotionally stressful time of bereavement, as well as to provide training and resources to all Soldiers serving in casualty assistance, notification, or Army representative capacities, and those dedicated professionals assisting Army Family members in their time of greatest need. CMAOD manages the United States Army's requirement to provide mortuary services to any individual covered under AR 638-2 to include removal from place of death or where remains are located; appropriate preparations (sanitation, restoration, and preservation) of human remains; basic recon~tructive restoration;

dressing; casketing; cosmetology; disinterment; and worldwide shipment of remains.

The Mission and Installation Contracting Command-Fort Knox (MICC-FT Knox) and HRC CMAOD have been continuously surveying the marketplace between 2018 and 2019 for casket liners for use with caskets for the Army's European and South Korean mortuaries and for other Army and DoD casket liner requirements.

2. The casket liners are subject to Title 10, U.S.C., Section 2533a (Berry Amendment), as implemented by the DFARS 225.7002-1 . The Berry Amendment prohibits the use of appropriated funds to purchase textiles as end items or components of end items unless they are grown, reprocessed, reused , or produced in the United States. DFARS 225.7002-2 lists several exceptions to the Berry Amendment, including but not limited to: acquisitions at or below the simplified acquisition threshold; acquisition of items listed in Federal Acquisition Regulation (FAR) 25.104(a); acquisitions outside of the United States in support of combat operations; acquisitions of incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers , or wool is not more that 10 percent of the total price of the end product; and acquisition of the fabric that will be used as a component of an end product that is not a textile product. DFARS 225.7002-2(b) provides that acquisitions that cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at United States market prices are not subject to the restrictions at DFARS 225.7002-1. Under this exception, the Secretary of the Army is authorized to make a Domestic Non-Availability Determination (DNAD).

Control No.: MICC DNAD OF 19-01

DOMESTIC NON-AVAILABILITY DETERMINATION

FOR CASKET LINERS

3. The DoD's demand for caskets has been insufficient to most casket liner manufacturers in the United States. The projected low purchase quantities have not supported industry investment and implementation of infrastructure to set up a domestic source for casket liners until very recently. Due to the low demand and cost of casket liners, it is unlikely that a domestic product could be developed in time to meet the CMAOD's minimum casket requirements.

4. MICC-FT Knox and CMAOD have been continuously surveying the marketplace for casket liners for use with the caskets.

a. On 28 September 2018, a sources sought notice (W9124D-19-Q-5024) was published on Federal Business Opportunities (FBO) for 15 days and resulted in no responses.

b. Reviews of the current contracts (Casket Contract W9124D-14-D-0012 and Mortuary Service Contract W9124D-17-D-0014) revealed potential vendors.

(1) Casket Contract W9124D-14-D-0012: Two large businesses that could compete for the casket follow-on contract. Both companies were informed of a contracting opportunity for the casket follow-on contract. Only responded indicating it would compete for the casket follow-on contract. Also, the company indicated it had been acquired by and would be doing business as

(2) Mortuary Service Contract W9124D-17-D-0014: One Service Disabled Veteran-Owned Small Business that could compete for the casket follow-on contract. was informed of a contracting opportunity for the casket follow-on contract and the company indicated it would compete for the contract.

c. On 7 March 2019, a combined synopsis/solicitation was posted on FBO for a total of 29 days for full and open competition under North American Industry Classification System (NAICS) 339995, Burial Casket Manufacturing, and Product Supply Code (PSC) 9930, Memorials: Cemetery and Mortuary Equipment. The combined synopsis/solicitation was amended three times: 1) Posted on 12 March 2019:

incorporated questions and answers, did not extend the closing date; 2) Posted on 18 March 2019: extended the closing date by 9 days; and 3) Posted on 27 March 2019:

extended the closing date by 12 days. The combined synopsis/solicitation resulted in two offerers for the casket follow-on contract.

DOMESTIC NON-AVAILABILITY DETERMINATION

FOR CASKET LINERS

d. In response to a question regarding applicability of the Berry Amendment submitted during the solicitation phase, indicated that its casket interior liner fabric does not originate from the United States because the last casket liner manufacturer with in the United States ceased business operations in January 2019. was the only manufacturer of casket liners in compliance with the Berry Amendment.

e. Once this information was revealed , was contacted to verify its casket manufacturer. responded that was its casket manufacturer. indicated that the material for the casket liners is polyester, originating from Malaysia.

f. From these findings, was contacted to provide information regarding its casket liners. indicated the materials used in its casket liners consist of Alpine and Polaris Crepe that originate from Malaysia and China. indicated there were no substitute materials available in the United States that could be used for casket liners that are compliant with the Berry Amendment.

g. On 6 May 2019, the Casket and Funeral Supply Association of America (CFSA) was requested to provide casket liner information. The CFSA provided a link to its website to search for casket liner manufacturers and/or suppliers. A search was conduGted for casket liner manufacturers and suppliers in the United States, and the search results provided no records.

h. A search conducted in the Thomas Register revealed potential manufacturers and/or suppliers in the United States.

(1) Casket lining suppliers: Bo-Buck Mills, Inc.; Briggs Textile; and Lunsford Wilson Co.

(2) Casket cloth suppliers: Bo-Buck Mills, Inc. ; Briggs Textile; Fifield, Inc.; Flock Tex, Inc.; Gross Kabrick Corp.; and Spectra Coating.

(3) On 24 May 2019, all identified manufacturers and/or suppliers were requested to provide information for casket liners. was the only company that responded , and indicated that it could not provide casket liners in accordance with the United States Army's requirement.

DOMESTIC NON-AVAILABILITY DETERMINATION

FOR CASKET LINERS

5. The following table identifies the countries of manufacture and origin for the casket and components:

End Item Component

Item Description Country of

Item Description Country of Origin Manufacture Standard Metal

United States Alpine Crepe Malaysia Casket Standard Wood

United States Polaris Crepe China .

Casket

Oversize Metal United States Alpine Crepe Malaysia

Casket Oversize Wood

United States Polaris Crepe China Casket

6. CMAOD certified an Analysis of Alternatives (AoA) to substantiate approving a DNAD for casket liners, as set forth in this Determination and Findings. The AoA was completed in accordance with Army Federal Acquisition Regulation Supplement (AFARS) 5125.7002-2(b)(1)(ii)(2} , "Exception ," which states: "all requests shall include a written certification signed by the General Officer/Senior Executive Service-level head of the requiring activity that addresses, with specificity, why alternatives that would not require an exception from the Berry Amendment are unacceptable." Additionally, MICC-FT Knox contacted the Defense Logistics Agency (DLA) under the same AFARS citation, which further states: "The request shall include information on whether item(s) in question are managed by the DLA and written confirmation from the DLA that said item(s) are not available from the DLA in the time needed to meet Army requirements."

MICC-FT Knox determined that DLA does not manage casket liners.

7. If the DNAD is not approved , CMAOD will not be able to procure caskets to support DoD directed missions. The current casket inventory is low and will lead to shortages in the field , thus affecting the operational readiness of CMAOD.

Control No. : MICC DNAD DF 19-01

DOMESTIC NON-AVAILABILITY DETERMINATION

FOR CASKET LINERS

DETERMINATION

Based upon the findings above, I determine that the casket liners used in caskets required by the Army Casualty and Mortuary Affairs Operations Division to support Department of Defense directed missions, including Army requirements, are not produced in the United States and cannot be acquired as and when needed in a satisfactory quality and sufficient quantity produced in the United States or its possessions at United States market prices.

This determination will be effective from the date of the signature below and will be applicable on a class basis for the purchase of casket liners by the Army for a period of 10 years. The Army will periodically evaluate the availability of domestic casket liners during that time period. If a casket liner that meets the requisite requirements becomes available from a United States manufacturer, this exception to the Berry Amendment will no longer apply.

Date:#-¥-4