47QFNA24K0046_PM-PI_JOFOC - redacted.pdf

Justification for Other than Full and Open Competition (JOFOC)

Identification (ID) Number: 47QFNA24K0046

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 blood warmer kits and related equipment from the manufacturer MEQU. 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 $203,720.50. 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 9/30/2024.

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)).

Bloodstone Division is the only authorized distributor of MEQU products in the United States and no substitute products will suit the customer’s needs, therefore this order must be solicitated directly to Bloodstone Division.

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) was posted to SAM under NAICS 339112 (Surgical and Medical Instrument Manufacturing) and PSC 6515 (Medical and Surgical Instruments, Equipment, and Supplies). The RFI was released on 7/25/2024 and closed on 7/30/2024. The RFI sought to determine the extent to which vendors could provide the required items on an open market basis. The results of the RFI were that only one vendor, Bloodstone Division, indicated they could provide the items. A letter from the original equipment manufacturer (OEM), MEQU, was provided verifying they are the exclusive distributor of MEQU products for the military and Government markets in the United States. A search of the OEM’s website and an email inquiry to the OEM also verified this fact.

Additionally, a Notice of Intent to award a sole source order was posted to SAM under Notice ID 47QFNA24K0046 for fifteen days (from 8/8/2024 to 8/23/2024). Lastly, this order is for commercial off-the-shelf (COT) items, specific to MEQU brand name and only available through resale from Bloodstone Division, 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)).

A search of GSA Advantage was completed on 7/25/2024 to support market research. The findings indicated the required items are not available on GSA Advantage/GSA Schedule.

A RFI was posted to SAM under NAICS 339112 (Surgical and Medical Instrument Manufacturing) and PSC 6515 (Medical and Surgical Instruments, Equipment, and Supplies). The RFI was released on 7/25/2024 and closed on 7/30/2024. The RFI sought to determine the extent to which vendors could provide the required items on an open market basis. The results of the RFI were that only one vendor, Bloodstone Division, indicated they could provide the items. A letter from the original equipment manufacturer (OEM), MEQU, was provided verifying they are the exclusive distributor of MEQU products for the military and Government markets in the United States. A search of the OEM’s website and an email inquiry to the OEM also verified this fact.

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)).

Only one source, Bloodstone Division, expressed an interest, in writing, of procurement of these items. A Notice of Intent was posted to SAM for fifteen (15) days. There were no responses to this posting.

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