LSJ.pdf

Limited Source Justification - Combat Vehicle Crew (CVC) Helmet Platform Assemblies

General Services Administration Federal Acquisition Service (FAS), Large Special Order Program (SOP), (7QFAD)

LIMITED SOURCE JUSTIFICATION (LSJ)

Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification under FAR 8.405-6(a)(1)(i)(B)”:

Procurement Office: General Services Administration (GSA) Agency: US Army TACOM ILSC/SBB Delivery ID: ID22200007 Description of Requirement: Combat Vehicle Crew (CVC) Helmet Platform Assemblies (various sizes) for FMS, Embassy of Sweden Delivery After Receipt of Order: 245 Days ARO Procurement Vehicle: MAS Schedule 84: SIN 426-1C Brand Name: Gentex Corporation

Nature and description of action being approved:

US Army TACOM has a requirement to purchase 2,000 each Gentex Source Combat Vehicle Crew (CVC) Helmet Platform Assemblies (see below chart). This equipment will be used for training mission oriented exercises (ground use only). The CVC outer shell is ballistic. There is no NIJ certification for the CVC shells – only a First Article Test Letter from the US Army, Ballistic Standard: US Army ACVC-H AR/PD 12-03 Rev F OCT 16.

Description of the supplies or services required to meet the agency’s needs (including the estimated value):

Part Number Description Quantity

SWCVC-HPA-001-M SWCVC HELMET PLATFORM

ASSEMBLY-MEDIUM

1,400

SWCVC-HPA-001-L SWCVC HELMET PLATFORM

ASSEMBLY-LARGE

SWCVC-HPA-001-TS SWCVC HELMET PLATFORM

ASSEMBLY TRG SPARES

Total Estimated Value: $7,038,802.48

The justification shall cite that the acquisition is conducted under the authority of the Multiple- Award Schedule Program (see 8.401):

This acquisition was conducted under the authority of the Multiple Award Schedule (MAS) Program. The primary statutory authorities for MAS are Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251 ET SEQ), and Title 40 U.S.C. 501, Services for Executive Agencies.

The United States (USG) offers to sell to the Embassy of Sweden via the Letter of Offer and Acceptance (LOA), Case #SW-B-WBK, approved 17 APR 2019. This acquisition will be procured against the MAS

Schedule 84 under Special Item Number (SIN) 426-1C. FAR 8.405-6(a)(1)(i)(B) applies when procuring items from only one capable source:

(1) FAR 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

(2) This LSJ will be posted to beta.SAM.gov within fourteen (14) days of award IAW FAR 8.405- 6(a)(2)(i)

Supporting rationale (for the authority cited in the paragraph above) including a demonstration that the proposed manufacturer’s unique features or the nature of the acquisition requires the use of the authority cited:

The requested item is being procured by the US Government in support of the Arms Export Control Act for the Embassy of Sweden. The Gentex Corporation’s CVC Helmet Platform Assemblies are being procured as specified by the Letter of Acceptance (LOA) that requires a specific brand-name, part number(s).

The manufacturer – Gentex Corporation - confirmed that Atlantic Diving Supply (ADS), Inc.’s is their exclusive distributor for required part numbers and sells these products via their Schedule 84 MAS contract, GS-07F-5965P. Therefore, given the requirements specified in the LOA with the Embassy of Sweden and cited FAR 8.405-6(a)(1)(i)(B), procuring these brand name part numbers from one source is justified.

Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

In accordance with FAR 8.404, all pricing will be evaluated prior to award. All pricing will be reviewed to ensure pricing and terms are in accordance with ADS’ MAS contract. The Contracting Officer will seek price reductions from ADS in accordance with FAR 8.405-4.

The Contracting Officer anticipates the use of variety of price analysis techniques in order to substantiate price reasonableness of the items requested in the award decision document. These techniques included, but not limited to the following:

Requesting recent commercial and Government sales history Direct competitive pricing comparisons Making indirect pricing comparisons to:

o the same or similar items in the marketplace, o competitive published price lists, and o Independent Government Estimates.

Any other facts supporting this justification:

All facts supporting this justification have been provided above.

A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the brand name restriction before any subsequent acquisition for the supplies or services is made:

Gentex is currently the only brand capable of meeting the Government’s needs defined by the LOA. Until it is determined that the current CVC Helmet Platform Assemblies no longer meets the requirements set forth within the LOA between the US Army and the Embassy of Sweden, Gentex must continue to be procured as a brand name from and authorized reseller ADS. To ensure the above is met, TACOM will continue to evaluate the capabilities of other vendors through continuing market research and changing needs of the US Army and the Embassy of Sweden. Continued efforts in this regard will ensure that the Government utilizes the most efficient and economical provider.

Additionally, GSA, FAS, Region 7 office conducts continuous market surveys of services and products in order to determine the availability of qualified sources for meeting mission-critical supplies.

Technical Representative’s Certification:

I certify that the supporting data under my cognizance, which is included in this justification, is accurate and complete to the best of my knowledge and belief.

Frank J Svoboda Date TACOM Client Signature

Prepared By:

Contracting Officer, Large SOP Date

Approved By:

Branch Chief, Large SOP Date

Office of General Counsel Date

Director, Assisted Acquisition Division Date

Competition Advocate Certification:

I, the approving authority, determine that the actions taken under this acquisition meet the conditions described in FAR 8.405-6(a)(1)(i)(B). The signature below also represents approval of this Limited Sources Justification.

Competition Advocate Date

SVOBODA.FRANK.J.

1147768474

Digitally signed by

SVOBODA.FRANK.J.1147768474

Date: 2020.01.14 09:18:44 -05'00'

MELISSA SALVATORE Digitally signed by MELISSA SALVATORE Date: 2020.01.14 08:37:32 -06'00'

Tammy Mattox Digitally signed by Tammy Mattox Date: 2020.01.14 13:30:32 -06'00'