A02.08_JA_Brand Name Justification_redacted.pdf

ERDC Control No. 23-2749

Controlled By: ARMY Controlled By: USACE ERDC

CUI Category: General Procurement and Acquisition Distribution/Dissemination Control: FED ONLY

POC: Kim Roberson (217) 373-3478

BRAND NAME JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $250K)

1. Agency/Contracting Activity: Engineer Research and Development Center – Cold Regions Research and Engineering Laboratory (ERDC – CRREL)

2. Description of Action:

Nature: New Requirement Follow-On Requirement

Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time and Materials

Funds: Other Funds: RDT&E, Army (21 2040)

3. Description of Supplies/Services: ERDC-CRREL’s Remote Sensing/Geographic Information Systems Center (RS/GIS Center) requires the procurement of Fibrotex USA’s Ultra-Lightweight Camouflage Net System (ULCANS) Increment I - one (1) Type I – General Purpose (Radar Scattering (RS)) and one (1) Type II – Communications (Radar Transparent (R/T)), to conduct project field testing in the New England area for the U.S.

Army Combat Capabilities Development Command (DEVCOM). No items shall be exported.

The ULCANS are classified under the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130) which is administered by the U.S. State Department. The ITAR governs the manufacture, export, and temporary import of defense articles, the furnishing of defense services, and brokering activities involving items described on the United States Munition List (USML). Only authorized distributors are permitted to provide the requested supplies.

Requirements: The ITAR controlled supplies shall be BRAND NAME to Fibrotex USA’s ULCANS as follows:

Qty Class Type Pattern NSN 1 Class 1 Type I Light/Dark Woodland 1080-01-677-6912 1 Class 1 Type II Light/Dark Woodland 1080-01-677-6918

The total estimated dollar value of the proposed actions is $.

4. Authority: FAR 13.106-1(b) (1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization.).

ERDC Control No. 22-2565

5. Reason for Authority Cited: Fibrotex USA Inc has been identified as providing the only products capable of fulfilling the Government’s requirement. On November 8, 2018, Fibrotex USA Inc was awarded the contract for the development and full production of the U.S. Army’s Next-Generation Ultra-Lightweight Camouflage Net System (ULCANS), delivering world-leading protection across the electromagnetic spectrum. The contract is a 10-year, indefinite delivery / indefinite quantity (IDIQ) award and was the result of a nearly two-year long period of highly competitive testing, trials and data collection conducted by the U.S. Army’s Natick Soldier Systems Center, which assessed camouflage technologies from major global manufacturers against the Army’s most advanced battlefield surveillance sensors. The combat-proven technologies underpinning the ULCANS Increment 1 are based on technology developed by original equipment manufacturer (OEM), Fibrotex Technologies Ltd (FTL), over the last two decades, but have been specially modified for the U.S. Department of Defense (DoD). The ULCANS Increment 1 addresses significant vulnerabilities of legacy systems, and it is the improvements in the performance against sensor threats which now needs to be measured and quantified. Field testing of ULCANS Increment 1 is the project goal of the customer, U.S. Army Natick Soldier Center, and as such, any other camouflage system is unacceptable. Allowing similar equipment would create substantial duplication of cost to the Government, jeopardize safety resulting in significant loss of life or property, and cause unacceptable delays in fulfilling the agency’s requirements by obtaining ITAR approval, and performing compatibility testing with the DoD’s legacy equipment.

6. Actions to Increase Competition: Based on information provided above, a combined solicitation/synopsis and a redacted Brand Name Justification, indicating the Government’s intent, will be posted to the System for Award Management (SAM) website to promote competition.

7. Market Research: Market research was performed as prescribed by FAR 10.001(a). The CRREL technical representatives and the contracts office identified Fibrotex USA as the sole DoD manufacturer of the requested ULCANS. Fibrotex USA does not sell directly however, they do have four (4) authorized distributors as follows:

Watkins Technical Services Inc: CAGE Code 5WH66 – Meridianville, AL - Small Business Concern

RPT Consulting (Rally Point Tactical): CAGE Code 4ARM0 – Virginia Beach, VA – Small Business Concern

ManTech International Corporation: CAGE Code 63494 – Herndon, VA – Other Than Small Business Concern

Guard Unit LLC: CAGE Code 7ZZL8 – Morgantown, WV – Small Business Concern

Fibrotex USA Inc: CAGE Code 8C3W9 – Stearns, KY – Small Business Concern

There is a reasonable expectation that the Government will receive offers from at least two (2) or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. Therefore, it has been determined that this requirement will be set-aside for small business concerns. However, there is not a reasonable expectation of receiving competitive quotes from at least two (2) or more small businesses that are either 8(a), HUBZone, Service-Disabled Veteran-Owned, Woman-Owned, or Economically Disadvantaged Woman-Owned.

This requirement will be set aside for small business concerns in accordance with FAR 19.502-2.

8. NAICS Determination: 314910 – Textile Bag and Canvas Mills was determined to best represent this requirement. The small business size standard is 500 employees (PSC – 1080).

9. Commercial Suitability: The supplies to be procured are commercial in nature and offered for sale to both governmental and non-governmental entities.

ERDC Control No. 22-2565

10. Procurement History:

Previous Purchase Orders(s) or Contract(s): Yes No Purchase order or contract number:

Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale:

11. Additional information to support the justification: Failure to obtain the proper equipment from an authorized DoD manufacturer and distributor would severely limit the CRREL’s research projects and its ability to support ongoing fundament research as well as jeopardize the safety of U.S. military troops. Fibrotex USA is the sole authorized manufacturer of the ULCANS, and the only distributors are Fibrotex USA’s authorized distributors.

12. Technical/Requirements Certification: I certify that the supporting data under my cognizance which is included in the abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted by:

Position Title: Chief, Remote Sensing/GIS Center of Expertise Email Address:

Signature:

13. Fair and Reasonable Price Determination: As Contracting Officer, I hereby determine that this order will represent a fair and reasonable price to the Government in accordance with FAR 13.106-3(a). Basis for the determination: price analysis techniques.

Signature:

Type Name:

Title: Contracting Officer

14. Contracting Officer’s Approval: I hereby certify that this Justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this brand name justification subject to availability of funds, and provided that the supplies herein described have otherwise been authorized for acquisition.

Signature:

Type Name:

Title: Contracting Officer