WX05110Y2021T SSJ Template Simplified Acquisitions Exceeding SAT C2 Test Program - FAR 13.5 HazMat Training Props_redacted_COsigned.pdf

Sole Source Justification (SSJ)

Test Program for Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (> $250,000) pursuant to FAR Subpart 13.5, including Brand Name

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for acquisitions exceeding $250,000, including brand name for use when applicable.

SSJ No.: XXX-XX -

SSJ No.: XXX

Date: September 14, 2021 PR Number: WX05110Y2021T

Pursuant to the requirements under the authority of the test program for commercial items at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “sole source justification.”

Agency: Department of Homeland Security, Federal Emergency Management Agency, Center for Domestic Preparedness, Anniston, Alabama. Contracting Activity: Department of Homeland Security, Federal Emergency Management Agency, Office of Chief Procurement Officer, Acquisition Operations Division, Preparedness Section proposes to award an order pursuant to FAR Subpart 13.5, Limiting Sources.

2. Nature and/or description of the action being approved.

DHS / FEMA, Office of Chief Procurement Officer, Acquisition Operations Division, Preparedness Section, Acquisition Operations Division, Preparedness Section intends to award a sole-source contract toward the procurement of an assortment of Hazardous Materials (HazMat) training simulators for use in training at the Center for Domestic Preparedness (CDP) in Anniston, Alabama.

Manufacturer/Distributor: Advanced Entertainment Technology (AET), 735 Los Angeles Avenue, Monrovia, CA 91016.

Tel: (626) 599-8337 Website: www.aetfx.com

This action is being taken pursuant to FAR 13.501. AET is the only company that provides the type of HazMat training simulators required to meet the learning objectives and sustain the high level of realism offered through HazMat course curricula.

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

The HazMat training simulators consist of one (1) three dome railroad tank car training simulator, hereafter referred to as the railcar tanker trainer; one piping and valve array training prop; two (2) general service portable railroad tank car domes; two (2) chlorine http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://www.aetfx.com/

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -portable railroad tank car domes; and two (2) high pressure portable railroad tank car domes.

Please note the following descriptions comprising the subject requirement:

Railcar Tanker Trainer

This trainer replicates typical access, elevation and working space around three types of railroad tank car domes, including one chlorine dome, one high pressure dome and one general service dome. The domes are purposely designed to leak or fail in one fashion or another and configured with a ground-level control panel allowing instructors to “create” the intended malfunction, all of which require mitigation protocols from responding HazMat technicians, i.e., CDP HazMat students. The chlorine and high pressure domes are plumbed to enable liquid line, vapor line and safety relief valve leaks. The general service dome is plumbed to leak from a liquid valve. There are several additional descriptors, as follows:

• Safety features integrated into the railcar tanker trainer are precisely what a HazMat responder would see on an actual railcar tanker.

• Inner dome compartments are identical to real-world dome configurations; this is so because AET utilizes real-world domes no longer in use; AET makes the needed fabrications to bring the internal components to present DOT specifications.

• Customer will supply the air compressor and high pressure hoses.

• The trainer will arrive in Anniston, AL turnkey ready for operation.

• Operations are user friendly and well illustrated with affixed instructions; operators can easily determine how to initiate leaks or ruptures in specific areas of each dome.

• CDP will situate the trainer on a gravel bed to properly simulate a railcar setting.

• The CDP is confident that there will be no recurring issues regarding spare parts and costly repairs; the railcar tanker trainer depicted at top left on page 2 is a railcar tanker trainer that has been onsite at a HazMat training facility near Monrovia, CA for nearly 15 years; the unit has never required maintenance, services or repairs.

• Replacing dome components is far more likely due to mandated changes to DOT specifications than from breakage.

• CDP will situate the railcar tanker trainer at the Advanced Responder Training Center (ARTC) on the CDP campus in Anniston, AL.

Railcar Tanker Trainer Specifications

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -

Piping and Valve Array Training Prop

The piping and valve array training prop is comprised of varied steel pipes and valves ranging in size ¾-inch to 12 inches mounted on a 10x20 foot platform. Water input and control manifold are situated on one end of the platform in an open steel box. The platform is decked with an anodized aluminum diamond plate and fitted with forklift pockets. The prop ships fully assembled and may be off-loaded onto a gravel pad and be fully operational within minutes.

In the course of training and exercises, operators at the input manifold control various valve, flange, weld and thread “failures” as well as cracked and sheared pipes. All leaks in the larger pipes are plumbed to isolated locations with smaller pipe which minimizes water and drainage requirements. For example, there is an unseen, smaller diameter pipe within a 12-inch pipe. The smaller pipe carries the water that will ultimately simulates a discharge from the larger pipe. The serpentine piping array provides realistic access and workspace challenges. Water may be supplied from a pumper truck or fixed utility. There are several additional descriptors, as follows:

• Water requirement only; no need for an air compressor or high-pressure hoses;

operators require a 2-inch coupling for a fire hose connected to a hydrant or water tanker.

• Although a standard garden hose can be used with an adapter, AET strongly suggests using the 2-inch coupler to maintain continuity in the flow of high-volume water; this practice best simulates major pipe leaks that HazMat responders may encounter.

• The trainer is not flowing water continuously; the amount of runoff is based on the kinds of training and the length of that training.

• The input manifold is user friendly and configured to easily initiate leaks and ruptures in specific areas of the simulator.

• CDP has few logistics concerns with positioning the simulator onto the ARTC grounds; as with the railcar tanker trainer, a gravel bed is recommended.

Piping and Valve Array Training Prop Specifications

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -

Portable Railroad Tank Car Domes

Three types of railroad tank car domes, mounted on heavy-duty casters to facilitate mobility, provide a variety of leak simulations at the ground level. Ground level portability simply means that CDP HazMat students can familiarize, train and practice leak mitigation techniques before engaging the domes atop the railcar tanker trainer while wearing cumbersome and restrictive Personal Protective Equipment (PPE). These training props require a source of water, compressed air and hoses for full operation. Specific functionality for each portable dome is as follows:

Type Situation Mitigation General Service Dome (Above Left) Liquid valve leak (valve disabled) Plug valve

Chlorine Dome (Above Center)

Valve open from vibration Close valve

Valve mount loose Tighten mounting nuts or cap with C-Kit

Pressure relief valve leak Cap with C-Kit

High Pressure Dome (Above Right)

Valve open from vibration Close valve

Valve mount loose Tighten mounting nuts or cap with Midland Kit

Pressure relief valve leak Cap with Midland Kit

The subject requirement’s total estimated value is $X.XX. For details, please refer to the attached Independent Government Cost Estimate (IGCE).

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -

4. Identification of the authority.

This action is being taken under the authority of the Test Program for Commercial Items, 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Program Office initiated its market research into large, ruggedized, ultrarealistic HazMat training simulators in 2017. Extensive research identified Advanced Entertainment Technology (AET) as the developer of these kinds of training props required to support HazMat training at CDP. In 2017, the Program Office was able to procure and integrate several of AET’s specialized props into training operations at the Chemical, Ordnance, Biological, and Radiological Training Facility (COBRATF). It is important to note that the subject requirement detailed herein precisely comprises the specialized props procured and integrated in 2017. That is, the subject requirement intends to replicate the 2017 AET equipment procurement and position the props at the Advanced Responder Training Center (ARTC) on the CDP campus.

Given the overwhelming success of the HazMat prop implementation at the COBRATF in 2017, the Program Office determined in 2021 that we could support our HazMat training programs even further through an implementation strategy that leverages the location, logistics and sophistication of the ARTC venue. Hazardous Materials Operations (HMO) and Hazardous Materials Technician (HMT) are two Hazmat training programs that stand to benefit strongly from the prop integration on the ARTC grounds. CDP presently has a backlog of 206 students for HMO and 812 for HMT. Add to this the strong FY2022 enrollment projections and the supplemental HazMat training equipment requirement becomes fully evident.

Continued research of the commercial market in 2021 reveals that AET remains unique as the sole manufacturer and distributor of the highest quality and most realistic HazMat training props available. Indeed, AET is the only company that fabricates three dome railroad tank car training simulators, pipe & valve arrays and general service, high pressure and chlorine floor domes, all of which use air and water to simulate water and vapor leaks. These unique training props are a sole source product fabricated, sold and distributed by AET. The equipment comprising the subject requirement may only be purchased directly from AET.

There are no additional agents or distributors authorized to represent AET in the USA.

To reiterate, the Program Office identified no vendor apart from AET that provides the large, ruggedized, ultrarealistic HazMat training simulators comprising the subject requirement. We http://uscode.house.gov/

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -conducted an exhaustive internet search utilizing well-known search engines, including Google (www.google.com), Yahoo! Search (www.search.yahoo.com), and Ask.com (www.ask.com). Additionally, consultations with the CDP’s Training Delivery Services contractor and subject matter experts from multiple Hazmat response jurisdictions yielded no additional source for this product.

Further support for this sole-source acquisition includes the requirement to remain aligned with existing training configurations at the COBRATF. It is imperative that the training props forecasted for the ARTC align in design and configuration to those at the COBRATF since our HMO and HMT student will be training at both locations. Incidentally, there are other brands of commercially available HazMat training props; however, such props are neither designed nor configured to meet the strict and exacting training objectives associated with HMO and HMT.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. (The discussion should include whether a SAM.gov notice was or will be publicized, as required by FAR Subpart 5.301, 6.305(a). If the justification covers a brand name item, this section should address compliance with FAR 5.102(a)(6)).

A notice of intent to sole source was posted to SAM.gov on 8/27/2021 with capability statements due on 9/10/2021. No statements were received.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (Use information such as commercial pricelists or prior acquisition history that will help the Contracting Officer determine the anticipated cost is fair and reasonable or discuss the application of any of the techniques described at FAR 13.106-3(a)(2) and/or 13.106-3 (b)(3)).

CDP procured these same training props (models and quantities) from AET at a cost of $X.XX in 2017. The estimated value of this requirement is $X.XX. While this is an approximate 25% increase from 4 years ago, it is considered reasonable due to COVID-related factors (such as: high inflationary costs for various types of raw materials; increased fuel and transportation costs; higher labor costs due to increased salaries to retain workforce;

and additional costs due to health and safety additions to facility logistics).

8. Description of market research. (Market Research is required by FAR Part 10 and HSAM 3010, and the DHS Market Research Guide. Describe the results of your market research or provide a statement of the reason why market research was not conducted).

In accordance with the FAR, Part 10, HSAM 3010 and the DHS Market Research Guide, the Program Office conducted market research to gain insights into the availability of HazMat http://www.google.com/ http://www.search.yahoo.com/ http://www.ask.com/

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -training simulators and to obtain feedback from industry. Toward meeting the training requirement, the Program Office researched the commercial market for the products comprising the subject requirement. Research revealed that Advanced Entertainment Technology is the only company that fabricates and distributes these products.

To be clear, the Program Office identified no vendor apart from AET that provides the large, ruggedized, ultrarealistic HazMat training simulators comprising the subject requirement. We conducted an exhaustive internet search utilizing well-known search engines, including Google (www.google.com), Yahoo! Search (www.search.yahoo.com), and Ask.com (www.ask.com). Additionally, consultations with the CDP’s Training Delivery Services contractor and subject matter experts from multiple Hazmat response jurisdictions yielded no additional source for this product.

9. Any other facts supporting the justification. (You must explain why technical data packages, specifications, statements of work, or purchase descriptions are not suitable for enhancing competition or not available. Discuss why your requirement cannot be modified to increase competition. If you are contending only one source can meet the Government’s minimum need, you must document the reason why and describe the extent to which the Government will be harmed if not acquired from that vendor. Address any potential duplication of cost, if applicable.)

Technical data packages, specifications, statements of work and purchase descriptions are not suitable for enhancing competition, as the subject requirement is available from one source only. Modifying the requirement to increase competition is antithetical to continued delivery of superior training, as the Government would need to supplement state-of-the-art training simulators with alternative products that are neither designed nor configured to meet our training objectives.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required. (Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service).

The Program Office will continue to engage in researching the commercial market for products that best meet our training requirements while endeavoring to overcome barriers to competition.

http://www.google.com/ http://www.search.yahoo.com/ http://www.ask.com/

Sole Source Justification for Simplified Acquisitions under the Test Program for Certain Commercial Items for

SSJ No.: XXX-XX -

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iii) and 6.305(a) or for brand name FAR 13.501(a)(1)(iv) and 5.102(a)(6).

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

14. Contracting Officer Certification and Approval*

Contracting Officer Date Not exceeding $750K

*Note: In accordance with FAR 13.501(a)(2)(i), for contracts exceeding $250,000 but not exceeding $750,000, the contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval.

15. Approval:

Competition Advocate Date Over $750,000 but not exceeding $15 million

HCA Date Over $15 million but not exceeding $75 million