47QFNA24R0005 Attachment 2 - Class BNJ IDIQ PM-PI (Redacted).pdf

1 Date: 18 July 2023

Justification for Other than Full and Open Competition (JOFOC)

Identification (ID) Number: 47QFNA23K0054

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

Client/Mission Partner: United States (US) Army Program Management Office for Protection and Integration (PM-PI) formerly known as Program Management Office for Special Operations Forces, Survival, Support and Equipment Services (PM-SOF SSES). Notification of client name change from PM-SOF SSES to PM-PI provided on 6/21/2023.

Contracting Office 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 release of solicitation and award of a multiple award indefinite-delivery indefinite-quantity (IDIQ) contract with a catalog of brand name products.

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 IDIQ scope includes a catalog of commercial off the shelf (COTS) items that are brand name specific and enhance the survivability, readiness and mobility of individual SOF operators who are routinely engaged in critical, arduous, “no fail” missions that are integral to national security objectives. The PM-PI requires highly specialized brand name equipment to perform their missions effectively. PM-PI testing and operational use has demonstrated that only these brand names are 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 certain specific brand name items in the catalog.

The catalog 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, and could result in failure of PM-PI “no fail” mission which could result in life and death consequences.

Items in the catalog fall under the following broad categories (and includes items that allow for integration/interfacing between items):

RFP 47QFNA24R0005

Attachment 2

2 Date: 18 July 2023

1. Personal Equipment

a. Clothing/Apparel Accessories (Uniforms, Gloves, Packs, Load Carriage, Body Armor

Vests)

b. Communications

2. Ballistic Protection

a. Armor

b. Helmets

c. Eyewear

d. Visual Augmentation System (VAS) Mounts

3. Medical

a. Vital Signs Monitoring

b. Ultrasound

c. Ventilation/Airway Management

d. Blood/Blood Product Storage

e. Hemorrhage Control

f. Wound Care

g. Hypothermia Management

The IDIQ will have a 5-year ordering period and a ceiling value of $200,000,000.00.

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 10 United States Code (U.S.C.)

3204(a)(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)).

GSA FAS Region 1 will establish a multiple award IDIQ on behalf of PM-PI. The IDIQ scope includes a catalog of commercial off the shelf (COTS) items that are brand name specific and enhance the survivability, readiness and mobility of individual operators. 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 and the required operational testing of the equipment must meet the stringent requirements of PM-PI. PM-PI has a “no-fail” mission;

failure would result in life-or-death consequences. The awardees on the multi award IDIQ will be authorized to and capable of providing the brand name items required.

PM-PI requirements change over time due to technological advancement and are consequent to assessment of threats to U.S. national security. The dynamic nature of each requirement will be captured in the catalog through periodic verification and adjustment. Testing of new items is continuous and runs parallel with continuous market research. The client’s Program Office has an

3 Date: 18 July 2023 annual RDT&E budget to support testing requirements. As required, end users can present new/improved capabilities to the client’s Program Office for testing within the prescribed validated requirement document(s). For most items, testing to support existing items is conducted on a 5-year cycle.

This catalog-level Brand Name Justification will reduce administrative burden for each and every resulting delivery order. This will improve operational efficiency for every order for both PM-PI and GSA, along with supporting potential for increased order volume. The previous methods of procuring items required Brand Name Justification, Limited Sources Justification or Justification for Other than Full and Open Competition for 100% of delivery orders. Average review and approval time for each document is approximately 3.9 days. Combined with the average time (10.5 days) required for market research for every order, a savings of 14.3 days per order or 3,725 days during the 5-year IDIQ ordering period is estimated as result of approval of this document.

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)).

The multiple award IDIQ requirements will be posted to the System for Award Management (SAM) website and GSA eBuy! under the following NAICS codes and Multiple Award Schedule (MAS) Categories as a small business set-aside:

NAICS:

314999 - All Other Miscellaneous Textile Product Mills 315120 - Apparel Knitting Mills 315990 - Apparel Accessories and Other Apparel Manufacturing 316990 – Other Leather and Allied Product Manufacturing 334290 - Other Communications Equipment Manufacturing 334310 - Audio and Video Equipment Manufacturing 334519 – Other Measuring and Controlling Device Manufacturing 339999 - All Other Miscellaneous Manufacturing 336992 - Military Armored Vehicle, Tank, And Tank Component Manufacturing 339112 - Surgical and Medical Instrument Manufacturing 339113 – Surgical Appliance and Supplies Manufacturing 339115 - Ophthalmic Goods Manufacturing 423430 – Computer and Computer Peripheral Equipment and Software Merchant Wholesalers

MAS Categories:

3152 - Clothing 315210 - Uniforms 332216 - Law Enforcement, Firefighting and Rescue Tools, Equipment and Accessories 332510C - Hardware Store, Home Improvement Center, Industrial or General Supply Store, or Industrial Maintenance Repair and Operations (MOR) Distributor - Catalog 332999 - Law Enforcement Personal Equipment 333TOOL - Tools (Powered and Non-Powered), Tool Kits, Tool Boxes and Accessories 334511 - Search, Detection, Navigation, Guidance, Aeronautical and Nautical Systems and Instruments

4 Date: 18 July 2023

3363P - Spare Components and Vehicle Accessories 336612 - Marine Craft 337121H - Household, Dormitory & Quarters Furniture 339920S - Sporting Goods, Fitness Equipment, and Supplies 339940 - Office Products 339940OS4 - OS4 Office Products and Supplies Complementary SIN(s) OLM and ANCILLARY will also be included.

FAR Part 12 and FAR Part 15 will be utilized.

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

Market research and acquisition history has indicated that there are two or more responsible offerors, which constitutes adequate price competition in accordance with FAR 15.403-1(c)(1). All resulting contractors under the multiple award IDIQ will be provided fair opportunity for each delivery order. Discounts will be requested and allowed for each delivery order. This will allow for fair and reasonable determination.

Additionally, the solicitation will require that any bidding contractors that have any items on their MAS must bid at or below the current MAS pricing for those items. Established MAS pricing has already been determined to be fair and reasonable.

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)).

Market research was conducted by first considering the mandatory sources listed in FAR 8.002 and 8.003, none of which apply. Next FAR 8.004 was considered, specifically use of supplies under Federal Supply Schedules (FSS), Government-wide acquisition contracts (GWACs), etc.

Although some items are available via the FSS program, based on responses to the Request for Information (RFI) discussed below, review of acquisition history for the PM-PI (PM-SOF SSES) client by GSA FSA Region 1, and consultation with GSA Schedule contacts, it was determined that this Special Operation Forces equipment is best suited to be purchased via a multi-award IDIQ.

Results of RFI A RFI was posted to the SAM website on 12/15/2022 under the NAICS codes listed in paragraph 6. The same RFI was also posted to GSA eBuy! on 12/19/2022 under the MAS categories listed in paragraph 6. Both postings closed on 1/6/2023. Respondents were requested to fill out a questionnaire and also indicate which items in a IDIQ Sample Catalog that their company could provide.

The questionnaire contained the following questions (see Table 1 for summary of responses):

1. Company Name

2. Company Point of Contact’s name

3. Company Point of Contact’s email address

4. Company’s Unique Entity Identifier (UEI)

5 Date: 18 July 2023

5. Company’s CAGE code

6. Company’s website

7. Number of Full-time Employees

8. Socioeconomic Category

9. Would you be able to provide equipment for all categories listed in Section 1.0 of the RFI and equipment in the sample catalog?

10. Have you filled out Attachment 1 to the RFI (Special Forces IDIQ Sample Catalog), indicating what items you can and cannot provide?

11. Please indicate the estimated maximum number of orders or concurrent orders you could fulfill.

12. Would you be willing/able to offer quantity discounts?

13. Do you have the capability to do kitting?

14. If you have any foreign supplies of items listed in the catalog, please items/supplier/country.

15. Do you have relevant past performance similar to the scope and magnitude of this requirement.

16. If so, please list the client agency, contract value and contract number.

17. Do you have any additional suggestions/feedback for the Government for this requirement?

18. Please list any questions for the Government regarding this RFI.

19. Do you anticipate that you would submit a proposal if/when a Request for Proposal (RFP) is posted?

20. If answered Yes or Maybe to the previous question, how long will you require to submit a question?

The IDIQ Sample Catalog contained 3,441 brand name specific items that the PM-PI provided. The RFI stated that there could be changes to the IDIQ Catalog in the future as a result of technological changes and client needs, but any changes would include other similar commercial items and fall within the scope of the IDIQ. Respondents were asked to fill out the following information (responses summarized in Table 2 below):

1. Identify which of the 3,441 items that their company can and cannot provide.

2. Of the items the company can provide, identify whether those items are available via a

GSA Schedule or open market.

3. Respondents were given the option to suggest similar items to be reviewed by the

Government for possible inclusion in the IDIQ Catalog.

The RFI postings resulted in responses from twenty-seven (27) companies, with twenty-four

(24) companies providing completed catalogs. Table 1 below is a summary of responses from each respondent (Questions 2-6 and 16-18 are excluded from this table due to length/relevance but are included as an attachment to the full Market Research Report).

(Remainder of page intentionally left blank)

6 Date: 18 July 2023

Table 1 - Summary of Responses to RFI Questionnaire

Table 1 redacted.

Table 2 - Summary of Responses to IDIQ Sample Catalog.

Table 2 redacted.

The most relevant findings based on the RFI are as follows:

1. 83% of respondents identified as other than large businesses. No other particular socio-economic grouping represented a significant enough portion to indicate anything other than a small business set-aside would be appropriate for this acquisition.

2. 96% of respondents stated that they relevant past performance similar to the scope and magnitude of this requirement.

3. 85% of respondents anticipated that they would submit a proposal if/when an RFP is posted, with the remaining responding that they may submit a proposal.

4. Twelve (12) respondents stated that they can provide 75% or more of the items in the IDIQ Sample catalog. Ten (10) of which claimed all items would be procured via the open market. The remaining two (2) contained a mix of open market and FSS items.

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

Market research indicated that a small business set aside would result in adequate competition and as a result, fair and reasonable prices.

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

The following sources expressed, in writing, an interest in the acquisition based on their response to the RFI:

List of sources redacted.

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)).

After extensive market research, it has been determined that there will be no barriers to competition.

7 Date: 18 July 2023

12. CERTIFICATION

The below signatures represent the ordering activity’s certification that the justification is accurate and complete to the best of the undersigned knowledge and belief, and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.