47QFNA23K0040 JOFOC SAM.pdf

Justification for Other than Full and Open Competition (JOFOC)

Identification (ID) Number: 47QFNA23K0040

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

Client: United States (U.S.) Army Program Management Office for Special Operations Forces, Survival, Support and Equipment Services (PM-SOF SSES)

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Region 1.

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

The GSA FAS Region 1 supports the PM-SOF SSES to fulfill a variety of brand name, commercial item requirements to procure equipment to enhance the survivability, readiness, and mobility of the individual operator.

The U.S. Special Forces require highly specialized equipment to perform their missions and require specific and highly specialized equipment for SOF missions, that SOF testing and operational use has demonstrated are the only certain items capable of meeting the associated requirements of the Special Operator. The requiring agency maintains the test reports, Acquisition Decision Memoranda (ADMs), Program Executive Officer (PEO) directives and other various documents justifying the specific and highly specialized, approved equipment.

This specific action is for Sparrow Ventway Military Ventilators from the manufacturer Inovytec.

The required items are known to perform under the stresses caused by the full spectrum of special operations and under a wide range of climatic conditions. Such operations routinely include activities such as reconnaissance, patrol, airdrop, search and rescue, and combat actions. As such, special operators require “tried and true” equipment, known to function and endure under the toughest circumstances. Substitution of untested or unproven items is not acceptable.

This contractual action will be awarded on a Firm Fixed Price basis.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

The total estimate value of this order is $130,205.66. The Government will reserve the right to adjust the estimated quantity stated in the RFQ by -/+ 20% to ensure the total cost of the delivery order does not exceed the customer’s funding.

The estimated delivery date for this order is one month after order award.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)). Select/fill-in one of the following:

☒This acquisition is conducted under the authority of 41 United States Code (U.S.C.)

253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1.

☐This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

☐This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

Atlantic Diving Supply (ADS) is the only authorized distributor of Inovytec military products in the United States and no substitute products will suit the customer’s needs, therefore this order must be solicitated solely to ADS.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

A Request for Information (RFI) with the required equipment item was posted to GSA eBuy! from 7/19/2022 to 7/22/2022 for a previous order (47QFNA22P0013) containing the same Inovytec equipment. The only response received was from ADS. Additionally, JOFOCs for two orders (47QFNA22P0013, 47QFNA23P0003) of the same Inovytec equipment solicited to ADS was posted to SAM from January 30 to March 1, 2023 with no responses received.

Lastly, this order is for commercial off-the-shelf (COT) items, specific to Inovytec brand name and only available through resale from ADS (as verified by the manufacturer), therefore the exception to synopsis at FAR 5.202(a)(10) applies.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The CO will conduct a price analysis IAW FAR 15.404-1 through the comparison of the proposed price against the IGCE, prices previously paid for the same equipment, and other available information through the commercial open market for similar products. If needed, the CO can request other than certified cost or pricing data for these COTS products where applicable to assist in the determination of a fair and reasonable price.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Searches of GSA Advantage were completed in September 2022 and December 2022 on previous orders of the same items (47QFNA22P0013, 47QFNA23P0003). The findings indicated the required item was not available on GSA Advantage. The GSA acquisition team checked GSA Advantage again on 5/16/2023 and this still remains true.

On 7/19/2022, the GSA team released on a RFI and received a response only from ADS that said they could purchase the item on an open market basis. On 12/20/2022, the GSA team reached out to the manufacturer, Inovytec, via email to obtain a list of the distributors of their products. Inovytec responded that ADS remains the only vendor they work with in the United States for military items.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303- 2(b)(9)).

N/A.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303- 2(b)(10)).

No sources besides ADS have expressed an interest, in writing, in the proposed acquisition.

Additionally, JOFOCs for previous orders (47QFNA22P0013, 47QFNA23P0003) containing the same Inovytec equipment were posted to SAM on 9/12/2022 and 5/16/2023 and no sources responded.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

There are no known future plans to acquire the same type of supplies or services of these products at this time.

12. CERTIFICATION