200415 18D1309 P000013 JA 20212-2 Final_Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS SYSTEMS COMMAND

2200 LESTER STREET

QUANTICO VIRGINIA 22134-5010

IN REPLY REFER TO:

Code: CT-2.1 J&A Number: 20212

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

Marine Corps Systems Command (MCSC) Portfolio Manager, Ground Combat Element Systems Program Manager, Infantry Combat Equipment (PMM 141.2) Plate Carrier Generation III - Carrier Project 2200 Lester Street Quantico, VA 22134-6050

2. Description of the Action Being Approved

This Justification and Approval (J&A) authorizes the use of other than full and open competition to award a sole source modification to increase the quantities of the Plate Carrier Generation III (PC Gen III) Outer Cummerbund (M67854-18-D-1309).

3. Description of Supplies/Services

The PC Gen III contract was competitively awarded 26 September 2018 for a government-designed PC Gen III system and spare components. Following initial fielding of the PC Gen III, Program Manager, Infantry Combat Equipment (PM ICE) received reports from the fleet that the outer cummerbund component was tearing due to weight and torsion at the seam.

Accordingly, PM ICE redesigned the outer cummerbund in order to reduce the risk of component failure. The redesign was tested and deemed a sufficient solution and the contract has since been modified to incorporate the new design for future purchases. However, as 25,956 outer cummerbunds were issued prior to correction of the noted failure, those items must be replaced with the newly designed component. The contract does not currently include sufficient spare quantities to support the replacement of 25,956 outer cummerbunds, therefore, the contract line item numbers associated with the outer cummerbund spares must be increased via contract modification as follows:

Outer Cummerbund (Small): from a quantity of 2,773 to 7,883 (increase of 5,110) Outer Cummerbund (Medium): from a quantity of 5,544 to 20,172 (increase of 14,628) Outer Cummerbund (Large): from a quantity of 2,773 to 8,991 (increase of 6,218)

As a result of the quantity increase, the total contract value will increase from to to , a net increase of .

Estimated Dollar Value

FY20 FY21 FY22 FY23 Total

RDT&E

OPN

O&MN

Total

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting use of other than full and open competition is Title 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Rationale Justifying Use of Cited Statutory Authority

a. For the reasons below, the PC Gen III Carrier and Components, to include the outer cummerbunds, are only available from Vertical Protective Apparel in the required timeline, without the duplication of costs:

i. The Marine Corps’ effort to purchase an additional 25,956 outer cummerbunds would result in issuing a bilateral contract modification with new quantities and consideration to the existing contract M67854-18-D-1309. The new quantity will adhere to the updated design.

Accordingly, this effort is a modification to the PC Gen III contract.

ii. Competing and fulfilling the requirement for additional PC Gen III Outer

Cummerbunds by awarding to a source other than Vertical Protective Apparel would result in significant cost duplication that would not be recovered through competition. Specifically, the Marine Corps would pay the costs associated with the planning, preparation and execution of a new contract and the qualification of the new vendor and product, through examination of Product Demonstration Models, Source Selection Testing and Production Qualification Testing.

iii. The table below depicts the cost duplication of that will not be recovered through competition. Production Qualification and Source Selection Testing would be the primary source of cost duplication. The release of a new solicitation would require Source Selection Testing, which would cost approximately , depending on the number of competing vendors. Based on the actual cost of the PC Gen III Carrier Production Qualification Test, the estimated cost for a new PC Gen III Carrier Production Qualification Test is

. The Marine Corps awarded the existing PC Gen III Carrier contract (M67854-18-D- 1309) to Vertical Protective Apparel through full and open competition in September 2018.

Since contract award, there have been no significant industry changes that would lead to lower unit costs.

Cost of Previous Source Selection Description Employees Hours Cost

Manpower 4 480 Review of PDM’s/Source Selection Testing 3 240 Travel-Post Award Conference 4 First Article Testing

Total

iv. Fulfilling the requirement for additional PC Gen III Outer Cummerbunds by awarding to a source other than Vertical Protective Apparel would result in unacceptable delays. Fielding to Marine Corps units began in November 2019. Fielding would stop if another contract were required. In addition, the Marine Corps Law Enforcement Program (MCLEP) oversees the procurement of body armor for all military and civilian police who provide security across the various Marine Corps installations. MCLEP requires the body armor system in Fiscal Year 2020 (FY20) to replace the existing commercial systems currently in use that will expire in FY20, leaving the military and civilian police forces at risk. If the requirement for additional outer cummerbunds were to be competed, complete carrier systems would not be delivered to the military police until FY21 and fielding would be delayed until FY21 due to the requirements and timelines of competing the contract, conducting source selection, conducting Production Qualification Testing, and initiating production. Delivery of the carrier systems in FY21 is unacceptable to MCLEP as it would result in a gap in protection of the force between FY20 and FY21, which would lead to unacceptable risk to the safety of the military and civilian forces who wear the protective, life-saving equipment.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

The Government awarded the current PC Gen III Carrier contract through a 100% small business set-aside competition. Issuing a bilateral contract modification under other than full and open competition, to increase the contract maximum quantity for a design that already meets the technical requirements, is the most advantageous way for the Government to meet its needs.

On 5 March 2020, the Government posted an Intent to Sole Source/Sources Sought Notification to beta.SAM.gov for a period of 15 days. The notification closed 20 March 2020 without any interest from potential offerors.

In accordance with FAR subpart 6.305, the Contracting Officer will make this Justification publicly available within 14 days after the modification is signed.

7. Determination of Fair and Reasonable Price

The Contracting Officer determined the Outer Cummerbund components pricing fair and reasonable as documented in Business Clearance Memorandum (BCM) #18393.4, approved 5 March 2018.

8. Actions to Remove Barriers to Future Competition

The Supply Request Package will be forwarded to the Defense Logistics Agency (DLA) to establish a contract for the sustainment of the PC Gen III Carrier and its components. DLA’s sustainment plan will include another full and open competition to award a DLA contract for the PC Gen III by FY23.

CERTIFICATIONS AND APPROVAL

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify the facts and representation under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

LEGAL SUFFICIENCY REVIEW:

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION:

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

MARINE CORPS SYSTEMS COMMAND COMPETITION ADVOCATE/APPROVAL:

Upon the basis of the above justification, I hereby approve, as Competition Advocate, MCSC, the solicitation of the procurement described herein using other than full and open competition, pursuant to 10 U.S.C. 2304(c)(1) as implemented in FAR 6.302.1.