A03_W91ZLK-15-T-0344_Justification_OTFOC_Redacted.pdf

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COMPLETION INSTRUCTIONS for:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $150K

I. General Information

a. The purpose of the justification document is to ensure the requiring activity and contracting office have thoroughly evaluated the requirement and have considered all possible alternatives prior to deciding to restrict competition.

b. This is a legal document and will be made part of the official contract file. Ensure it is completed accurately and professionally.

c. The requiring activity is responsible for completing the first part of the document through Section 6. The contracting office verifies and completes the rest of the information.

d. Before submitting to the contracting office, the requiring activity should remove the instructions in “red” within the document. The below information is guidance supplemental to those instructions and is meant to aid the preparers in adequately completing the document.

e. References to the Federal Acquisition Regulations (FAR) can be accessed at: http://farsite.hill.af.mil

II. Authorities to Limit Competition- For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available* (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization).

*The FAR states that contracting without providing for full and open competition shall not be justified on the basis of a lack of advance planning by the requiring activity.

a. Sole Source: FAR 13.106-1(b)(1)(i) Soliciting from a single source- Select this authority when procuring requirements on the basis of urgency, exclusive licensing agreements, brand name or industrial mobilization.

b. Brand Name: FAR 13.106-1(b)(1)(ii) Brand name specification- Select this authority when a single source is identified to provide a portion of a purchase because that portion specifies a particular brand-name item. The documentation should state it is veering only the portion of the acquisition which is brand-name.

c. Brand Name or Equal*: If the commodity or service required meets the criterion for a Brand Name or Equal competitive action- STOP. This justification is not required.

*See supplemental information at the end of this instructions document.

III. Estimated Value (inclusive of options):

a. This justification template is only appropriate for use below the Simplified Acquisition Threshold, $150,000.

b. Estimated value needs to be the total of the basic requirement plus any option years or option quantities.

IV. Form Completion

Section 1- Name of proposed sole source contractor or brand name manufacturer

Section 2- Brief description of supplies or services required and the intended use:

a. In layman’s terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing purchase order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

b. General description of requirement- do not go into justification rationale here.

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Section 3- Unique salient characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

a. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable.

b. If brand name, explain why an adequate purchase description or other information suitable to solicit by full and open competition has not been developed or are not available.

Section 4- Reason why contractor is the only source capable of meeting mission requirements; specifically, the reason no other source can meet the unique capabilities in section 3:

a. Has the vendor provided a statement verifying the unique/specialized/proprietary nature of the requirement?

b. Follow-On Contracts: Defined as a separate, new contract action for which the price and terms are non-competitively negotiated with the incumbent contractor to continue or augment a specific program which is necessitated by prior procurement decisions. Discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or discuss the unacceptable delays to the government. Provide an estimate of the costs that will be duplicated and explain how such estimate was derived.

c. If urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

Section 5- Market Research:

a. Reference FAR Part 10

b. Describe the extent of the market research conducted to identify all qualified sources and the results thereof. "Market Research" is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, telephonic, or world wide web inquiries.

c. Procurement History: Identify contract numbers and whether those actions were competed or not.

Section 7- Actions to Increase Competition (for completion by ACC-APG Acquisition Personnel):

a. What supplemental market research has been done?

b. Has a sources sought, RFI, or notice of intent been posted?

c. Have any contractors identified their interest in this requirement?

d. Has the proposed contractor been contacted for verification of the information presented?

e. Have resellers/distributors been researched and identified?

f. Have the mandatory sources of FAR Part 8 been screened? (FPI/UNICOR, AbilityOne, GSA, FSS)

Brand Name or Equal (FAR 11.104)-

- Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be acceptable for award.

- Use brand name or equal descriptions when the salient characteristics are firm requirements.

- The below chart details the difference between “Brand Name or Equal” and “Brand Name” actions under $150k:

Brand Name or Equal Brand Name Does NOT require a “Justification” Does require a “Justification” Does not limit competition/Provides for greater competition

Does limit competition

Informally describe salient characteristics (via email, memo, etc.) in written form.

Formally describe salient characteristics via a “Justification”

No specific format Use Justification for Other Than Full and Open Competition for Simplified Acquisitions <$150k

Allows for “or equal” similar/comparable items Must supply specific item (part number, model number, serial number etc.)

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $150K

FAR 13.106-1(b)(1)(i) Soliciting from a single source FAR 13.106-1(b)(1)(ii) Brand name specification

PURCHASE REQUEST NUMBER:

DESCRIPTION OF ACTION:

New Requirement Modification

ESTIMATED VALUE (inclusive of options):

FUND TYPE: YEAR:

1. NAME OF PROPOSED SOLE SOURCE CONTRACTOR / BRAND NAME MANUFACTURER:

2. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

3. UNIQUE SALIENT CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE

REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED:

4. REASON WHY CONTRACTOR IS THE ONLY SOURCE CAPABLE OF MEETING MISSION REQUIREMENTS;

SPECIFICALLY, THE REASON NO OTHER SOURCE CAN MEET THE UNIQUE CAPABILITIES IN SECTION 3:

Is this a follow-on contract? yes no If yes, provide contract number: _____________________________

5. MARKET RESEARCH:

6. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in the sections above, is accurate and complete to the best of my knowledge and belief.

NAME AND TITLE OF CUSTOMER

DIGITAL SIGNATURE EMAIL ADDRESS DATE

PR# 0010703759 ✔ 13685

SRI Quality Systems Registrar, 300 Northpointe Circle, Suite 304, Seven Fields, PA 16046

The CASARM Program In order to maintain the ISO 9001 registration for the Chemical Agent Standard Analytical Reference Material (CASARM) Program which has been granted by SRI Quality Systems Registrar for the past 15 years, an annual audit must be performed on-site to ensure compliance to ISO 9001. Following the successful completion of the audit, the third-party registers the CASARM Program Quality System to the latest revision of the ISO 9001 quality standard. The CASARM Program registration has been continually in existence since 1992 and was the first Governmental agency to achieve ISO 9001 registration.

The CASARM Quality Assurance Program at ECBC was the first Governmental activity in the United States to be registered to ISO 9001 and is annually subject to review and evaluation. This provides assurance and confidence that a high level of quality is consistently maintained in the products and services that are provided and that detailed records and documents are maintained as evidence of the history and traceability throughout all processes within the CASARM program.

An extensive survey was originally made to determine a suitable accrediting registrar. A list of all registrars in the United States was obtained from the CEEM book of Registered Companies and List of all RAB recognized Registrars in the United States. This list also contained the scope categories of each registrar. (Registrars are not permitted to audit or certify outside their approved scope.)

After receiving information from the above companies, two were requested to visit us to further discuss the details of their certification procedures. After these visits, it was determined that SRI Quality System Registrar, Inc. could best meet the (cont'd)

How would award to any other source result in substantial duplication of cost to the Government that is not expected to be recovered through competition? Another market research can be made with interviews and price quotes to determine if there is another capable registrar within a reasonable commuting distance (travel costs can (cont'd)

✔ W91ZLK-12-P-0828

The CASARM Program has been accredited with SRI Quality System Registrar for 15 years. Switching to a different certification body would entail additional costs that will include start-up costs associated with applications and initial assessments by a new registrar, as well as educating the new provider on (1) the mission and scope of our organization, (2) the responsibilities and interactions of the three organizations in the CASARM Program, and (3) the processes and procedures of each organization's quality system.

If a new registrar is selected, this would mean repeating these tasks that have already been completed with the existing contractor SRI Quality System Registrar, Inc. over the past 15 years. This will lead to a longer assessment period and numerous higher costs. These higher costs will apply to both contractual costs and costs of additional hours spent with Government personnel having to spend time on familiarization and generating new (cont'd)

RDT&E (2040) FY 2015

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7. ACTIONS TO INCREASE COMPETITION (For Contracting Personnel Use):

8. CONTRACT SPECIALIST/PURCHASING AGENT REVIEW:

I have done my due diligence in verifying the information presented above by the requiring activity and have attempted to obtain competition to the maximum extent practicable.

NAME OF REVIEWER

9. ENDORSEMENT OF THE ACC-APG TENANT DIVISION CONTRACTING OFFICER

I hereby approve / disapprove this justification in accordance with the authority cited on this document.

Approval is based on the availability of funds and provided that the services and property herein described have been otherwise authorized for procurement.

NAME OF CONTRACTING OFFICER

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies.

A Notice of Intent to Award a Sole Source Contract to SRI Quality Systems Registrar will be publicized as required by FAR Subpart 5.2.

MARKET RESEARCH COMPLETED:

Conducted world wide web search via google search engine using key words "CASARM Accreditation companies", several vendors are listed.

Conducted market research under similar requirement for ISO 17025 certification (W91ZLK-15-T-0325) and determined that additional costs are incurred by switching providers to include application fees and reassessments for procedures.

This vendor was originally selected due to its unique background, capability and experience to provide the registration that is required for the scope of the CASARM Program and its close proximity to Aberdeen Proving Ground (eliminates travel expenses). SRI Quality Systems Registrar has been providing service for 15 years.

Amy C. DuBree amy.c.dubree2.civ@mail.mil 12 Aug 2015

CHANEL D. DE SILVA chanel.d.desilva.civ@mail.mil 12 August 2015

DUBREE.AMY.CAT

HLEEN.1298398849

Digitally signed by

DUBREE.AMY.CATHLEEN.1298398849

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DUBREE.AMY.CATHLEEN.1298398849 Date: 2015.08.12 15:54:16 -04'00'

DE

SILVA.CHANEL.D.104

5453622

Digitally signed by DE

SILVA.CHANEL.D.1045453622

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DE

SILVA.CHANEL.D.1045453622

Date: 2015.08.12 16:54:57 -04'00'

SOLE SOURCE

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#3 cont'd.

needs of the CASARM Program.

In summary, SRI Quality System Registrar, Inc has the unique capability and experience to provide the scope of program accreditation to ISO 9001 and also expertise in ISO 17025 for the CASARM Program analytical laboratory and production and certification of chemical agent reference materials and related quality services which other registrars did not possess based on our original conversations and meetings with them and information they provided. Their auditors possess the required background, expertise and experience to assess the processes and procedures of the three organizations under the umbrella of the CASARM Program certification. The SRI Quality System Registrar, Inc. is the registrar that has registered the CASARM Program for 15 years.

#4 cont'd.

scope of our organization, (2) the responsibilities and interactions of the three organizations in the CASARM Program, and (3) the processes and procedures of each organization’s quality system.

If a new registrar is selected, this would mean repeating these tasks that have already been completed with the existing contractor SRI Quality System Registrar, Inc. over the past 15 years.

This will lead to a longer assessment period and numerous higher costs. These higher costs will apply to both contractual costs and costs of additional hours spent with Government personnel having to spend time on familiarization and generating new applications with the new contractor. It is estimated that this could add at a minimum, an additional $3000-$5000 cost to the Government in contract costs not including Government labor costs. For a low dollar contract this is a major increase. This assessment is based on previous experience when we were required to switch registrars in the program.

#4 cont'd - follow on contract greatly escalate the cost of a relatively small dollar contract such as this contract) who can provide the audits and registration that match the scope of the CASARM Program certification. However, based previous experience in switching registrars, the cost of switching to another registrar due to application fees, start- up costs and familiarization of the program and organization processes of three organizations and related procedures, the cost of the contract can add significant additional costs.

#5 Market research cont'd applications with the new contractor. It is estimated that this could add at a minimum, an additional $3000-$5000 cost to the Government in contract costs not including Government labor costs. This assessment is based on previous experience when we were required to switch registrars in the program.

Market research previously performed with interviews and quotes identified a registrar, who has the unique background, capability and experience to provide the registration that is required for the scope of the CASARM Program. Registrars are not permitted to audit or certify outside their approved scope.

Besides having the capability and being able to meet the requirement of providing a registration within their approved scope, a registrar's distance from APG was considered. SRIQSR is from Pennsylvania within a reasonable commuting distance which is a consideration since travel costs can greatly escalate the cost of a relatively small dollar contract such as this contract.

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