47QFNA24K0032_JOFOC.pdf

Justification for Other than Full and Open Competition (JOFOC)

Identification (ID) Number: 47QFNA24K0032

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

Client: United States (U.S.) Army Program Management Office for Protection and Integration (PM-PI)

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Assisted Acquisition Services (AAS) Army.

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

GSA FAS AAS Army supports PM-PI to fulfill a variety of brand name, commercial item requirements to procure equipment to enhance the survivability, readiness, and mobility of the individual operator.

PM-PI requires highly specialized equipment to perform their missions and requires specific and highly specialized equipment for special operation forces (SOF) missions, that SOF testing and operational use has demonstrated are the only 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 procurement of 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 $23,434.96. 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 desired delivery date for this order is 7/15/2024.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

☒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 directly 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)).

Requests for Information (RFI) for previous acquisitions containing the same item were previously posted to both GSA eBuy and SAM. The RFI for order 47QFNA22P0013 was posted to eBuy from 7/19/2022 to 7/22/2022 and only received one (1) response from ADS. The RFI for order 47QFNA23P0029 was posted to both eBuy and SAM from 8/1/2023 to 8/8/2023. The RFI received three (3) responses regarding the Inovytec item, however follow-up with two (2) of the three (3) respondents did not result in substantiation that they could provide the item. The remaining respondent was ADS, who could substantiate their claim.

Additionally, Notices of Intent to Award and Notice of Award (including the associated JOFOCs) for previous orders 47QFNA24P0002, 47QFNA23P0029, 47QFNA23P0021, 47QFNA23P0003 and 47QFNA22P0013 of the same Inovytec equipment solicited to ADS were posted to SAM for fifteen (15) days and thirty (30) days, respectively. There were no responses to any of the postings.

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 via email on multiple occasions), 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 Contracting Officer (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 at various times during the period of September 2022 through November 2023 to support market research for previous orders of the same items (47QFNA24P0002, 47QFNA23P0029, 47QFNA23P0021, 47QFNA23P0003 and 47QFNA22P0013).

The findings indicated the required item was not available on GSA Advantage. The GSA acquisition team checked GSA Advantage again in June 2024 and this still remains true.

RFIs were released on GSA eBuy and SAM for previous orders, as described in paragraph 6. ADS was the only respondent to the first RFI, and ADS was the only substantiated response to the second RFI. In both cases, ADS indicated that they could provide the items on an open market basis.

On 8/10/2023, the GSA team reached out to the manufacturer, Inovytec, via email and Inovytec confirmed that ADS was the only military distributor of their products in the United States.

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)).

Two sources besides ADS expressed a preliminary interest, in writing, of procurement under a previous order’s RFI (47QFNA23P0029). However, when the CO requested additional information neither of the additional two vendors could substantiate that they could provide the required items from the manufacturer.

Additionally, Notices of Intent to Award and Notice of Award (including the associated JOFOCs) for previous orders 47QFNA24P0002, 47QFNA23P0029, 47QFNA23P0021, 47QFNA23P0003 and 47QFNA22P0013 of the same Inovytec equipment solicited to ADS were posted to SAM for fifteen (15) days and thirty (30) days, respectively. There were no responses to any of the postings.

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