ABH Amended JA 10 Dec 2020.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

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The subject acquisition of this J&A is to procure up to 1,775 ABH-2 helmets using a basic IDIQ contract, with subsequent follow-on orders, to be used by aircrews of the HH-60, CV-22, and UH-1 aircraft. The contract will have an ordering period of 60 months.

IV. Statutory authority permitting other than full and open competition.

10 USC 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(ii) only one responsible source and no other supplies or services will satisfy agency requirements, and required by FAR 6.303-2(b)(4).

FAR 6.302-1(a)(2)(ii) states:

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in --

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency's requirements.

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

Gentex previously developed the HGU-56/P helmet, which is the current rotary wing helmet for aircrew. Further, Gentex developed the ABH-1 helmet through the WNU-led UON in 2012.

AFLCMC/WNU has determined that Gentex is the only source capable of meeting the requirement, specifically in regard to ballistic protection, weight, and impact protection with their ABH-1 and ABH-2 helmets. Another aspect making Gentex's proposed ABH-2 helmet unique (highly specialized) is its compatibility with USAF's existing helmet components including the maxillofacial shield (MFS);

striker posts for MFS; the night vision goggle (NVG) mount; the NVG battery pack mounting bracket (dovetail); the left and right accessory rail connectors (communication components); the FlexBoom bracket and microphone; the EAL; the fit and comfort interface; the retention system; sound attenuation components; eye protection; and the final shell color coat.

Through market research, WNU believes that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

Historically, the U.S. Army spent to design, develop, and field 2,600 HGU-56/P helmets produced by Gentex. Later, as a result of a UON, the USAF spent on Gentex's ABH-1 helmets for research, development, test, and evaluation, procurement, and fielding. For the ABH-2 helmet redesign by Gentex, the USAF has spent roughly on tests that verified the resolution of the soft spot issues, increased ballistic protection, and impact resistance. Therefore, the Government's total cost from taking the HGU-56/P helmet to the maturity of the ABH-2 helmet design/build is approximately .

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AFLCMC/WNU believes the USAF would spend at least for any other manufacturer to design and develop a helmet with the ABH-2 capability before being production ready. Therefore, the Government can reasonably expect a duplication of more than two times the cost of the instant contract action. WNU does not believe the use of competitive procedures would recoup this substantial duplication of cost. This J&A satisfies the requirements of FAR Subpart 1.7 as Gentex fits the definition of FAR 16.504(c)(1)(ii)(D)(1)(iii) - Only one source is qualified and capable of performing the work at a reasonable price to the Government.

Additionally, it took Gentex approximately two years to develop the ABH-1 helmet and another two years to correct the denting/delamination (soft spot) deficiencies of the ABH-1 helmet. Therefore, assuming another helmet manufacturer had a baseline helmet with the capability of the HGU-56/P helmet, WNU could reasonably expect that selecting a source (other than Gentex) would result in a four-year unacceptable delay in satisfying the requirements.

This acquisition will be a follow-on contract for the continued fielding of highly specialized equipment, the ABH-2 helmets. Besides Gentex, other helmet businesses do not have a background in ballistic helmet manufacturing; thus, high costs and a prolonged timeline would result from the businesses learning how to achieve the ABH-2 helmet's ballistic capability. Accordingly, Gentex is the only firm capable of providing the supplies described in Section III above without the USAF experiencing substantial duplication of cost and unacceptable acquisition delays.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

WNU conducted market research through a Sources Sought Synopsis (SSS) posted to the Government Point of Entry, the Federal Business Opportunities (FBO) website, at www.fbo.gov on 5 Aug 2019. In an effort to identify businesses/vendors cable of meeting the Government's requirements, the SSS included a detailed (21-page) product specification document outlining the system requirements of the ABH-2 helmet. Gentex was the only business within industry to respond to the SSS. WNU also interviewed three (3) rotary wing vendors through the SOFWERX SOAR Helmet System Capability Assessment Event run by United States Special Operations Command (USSOCOM) in August 2019.

A Notice of proposed Contract Action (NOCA) is required for this acquisition IAW FAR 5.201. The NOCA will be published at least 15 days before issuance of a solicitation.

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

The contracting officer will ensure the cost of this acquisition will be fair and reasonable to the Government in accordance with FAR 15.4. The program office has resources available in-house to accomplish detailed engineering/technical analysis. A technical evaluation will be performed to determine whether the work proposed is reasonable and appropriate. Unless an exception applies, in accordance with the Truth in Negotiations Act (if the threshold is met), the contracting officer will obtain certified cost and pricing data per FAR 15.403-4 and perform cost analysis. WNU will also utilize historical cost/pricing data from previous rotary wing helmet acquisitions and conduct price analysis when making the determination the cost to the Government is fair and reasonable.

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XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

AFLCMC/WNU will continue market research to determine if any other sources become capable of meeting the ABH requirements in the future.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.