A02-Justification for OTFOC FAR PART 13 . SAP (under 250K) LMP 3000 .signe.Redacted.pdf

Version 4, DEC 2020 PREVIOUS VERSION IS OBSOLETE

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 $250K:

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 <$250K

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

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3. Other tracer gases used with halogen monitors on the market are not soluble in water, causing the carbon in the filters to not absorb the tracer gas during testing. The tracer gas would then directly pass through the carbon bed of the filters and would directly affect the in-place certification testing results. This would occur due to not being able to differentiate between mechanical leakage of the tracer gas around the carbon filters and their housing, and a breakthrough of the tracer gas through the carbon bed of the filters. Additionally, most other tracer gases used with halogen monitors are refrigerant based and require a special waiver to be used as they are ozone depleting.

4. NCS Corporation is the sole distributor of the LMP-3000. The LMP-3000 is a proprietary design and no other source can currently duplicate this technology. No other system meets the specified needs without unacceptable delays in fulfilling the requirement and/or substantial development costs to the government.

Other instruments that detect halogen group elements in air are not compatible with detection of the tracer gas Vertrel, does not meet our portability requirements, or does not contain upstream and downstream sampling ports within one individual unit.

For testing requirements, our team already maintains LMP-3000 halocarbon monitors produced by NCS corporation. The Branch also maintains several older halocarbon monitors, specifically LMP-2000's, produced by NCS Corporation. The operational differences between a model LMP-2000 and model LMP-3000 are minimal. Introducing a different brand and type of halocarbon monitor other than from NCS corporation would require extensive time and effort to learn, train, and teach operation to multiple personnel. Using a different instrument that utilizes a different tracer gas would have significant costs and significant operational changes to our in-place filter certification testing program (see reasoning in Section 3). Continuity of our in-place filter certification testing program would also be affected if we changed the tracer gas that is used and/or changed the type of halocarbon monitor.

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