ATD Brand Name or equal JA final.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATIONCONTROLLED UNCLASSIFIED INFORMATION

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NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $750K > $750K and < $15M

Contracting Activity: AFLCMC/WNKU

Purchase Request / Local ID Number: FA8606-24-Q-B001

Program / Project (and PE, if applicable): Anthropomorphic Test Dummy Solution (ATDs)

Program Type (PEO or Other Contracting): PEO

Authority: AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $6,600,000.00 Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

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Date

23 May 2024

Program Manager RUSSELL O. STARK II, Capt

AFLCMC/WNU

Signature

X

Date Contracting Officer

BEN T. HEATH

AFLCMC/WNU

Signature

X

Date

04 Jun 2024

Local Legal Reviewer

AMY JOHNSON

AFMCLO/JANS

Signature

X

Date

26 Jun 2024

Chief of the Contracting Office (COCO)

PHILLIP MARCUM

AFLCMC/WNK

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

28 Jun 2024

Comp Advocate/Contracting Technical Director

MARK D. ADAMS

AFLCMC/PK

Signature

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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I. Contracting Activity.

Department of the Air Force Air Force Materiel Command Air Force Life Cycle Management Center Air Force Program Executive Office Agile Combat Support Human Systems Division (HSD) 1981 Monahan Way, Bldg 12 Wright Patterson, AFB, OH 45433-7017

II. Nature and/or description of the action being processed.

This Justification and Approval (J&A) implements requirements to provide justification for a Brand name or Equal item IAW DFARS 213.501 (a) (ii) which mandates that IAW section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 13.501(a) is required in order to use brand name or equal descriptions or proprietary specifications and standards.

III. Description of supplies/services required to meet agency needs.

The requirement is for the instrumented, aeronautical test manikin (anthropomorphic test dummy (ATD), which encompasses the Joint Primary Aircraft Training System (JPATS) Hybrid III, 5th Percentile and Hybrid III, 95th Percentile ATDs. Current quantities of instrumented test manikins in the Air force test inventory are depleting at a loss rate of one (1) manikin per year. Current quantity requirements to maintain mission essential stock levels and current testing schedules are (CLIN 0001) seven (7) 5th Percentile and (CLIN 0002) seven (7) 95th Percentile Hybrid III, instrumented ATDs. This requirement is to be funded using FY23 3600 RTD&E funding. The Air Force only owns 4 manikins currently and only 2 of them are located at the 846th test track for testing. This creates a high competition demand between units for the right to conduct testing. The current situation forces AFLCMC to push out its scheduled test dates in favor of higher priority programs .The Air Force as a whole has four MAJCOMs, each with several squadrons that require testing. The bolstering of the stock of available manikins for testing purposes increased the Air force as a wholes capability to conduct more tests and decrease the schedule creep on existing programs that are in critical need of testing dates.

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

In accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 13.501(a) is required in order to use brand name or equal descriptions or proprietary specifications and standards and required by DFARS 213.501(a)(ii).

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

The following requirements are of an Air Force unique nature, due to ejection seat testing, therefore it makes Brand name or equal a requirement in order to meet the detailed specifications called for. As the standards for ejection seat testing evolved over the decades, so did the standards for the ATDs used in the testing, which led to the creation of the SAF/AQ mandated Joint Primary Aircraft Training System (JPATS)-seven (7)-Case Chart (Crew Systems Bulletin, 2016). Since 2011, the the positive relationship between the learning curves of ejection seat standards and the JPATS ATD, have led to only two very particular products on the market. The Humanetics JPATS/Case 1 and Case 6, LOIS Hybrid III 5th and LARD 95th percentile ATDs. The following are the requirements:

(CLIN 0001) LOIS, 5th Percentile Hybrid III

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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-The manikin will support a 5th percentile hybrid III automotive neck and the JSF-SF81 head form. The head will have an average durometer shore A reading of 57 ± 1. The non-instrumented manikin weight will be 96 ±

0.5 lbs, where the fully-instrumented manikin weight will be 103 ± 0.5 lbs.

-The required neck shall be a 5th percentile female Hybrid III automotive crash test dummy neck. The ATD will support the use of two six-axis neck load cells at the same time: an upper neck load cell installed at the C0 location and a lower neck load cell installed at the C7/T5 location. The lower neck load cell can either be an adjustable lower neck load cell or a non-adjustable lower neck load cell.

-The chest shall support a chest box that can accommodate a Data Acquisition System (DAS) with sensor wiring and a battery pack for powering the system. The chest box will also provide a housing for installing a Diversified Technical Systems (DTS) six-degree of Freedom (6 DOF) sensor mounting block. The 6 DOF block will house three linear accelerometers and three angular rate sensors The DAS systems that the chest box is required to house at one time are listed below:

• EME Corp Pico64 DAS

• DTS Slice 6 DAS, 200,000pm

• DTS Distributor -The 5th Percentile ATD pelvis will be a pedestrian design for both standing and sitting positions (adjustable configuration). It will support a straight spine design that accepts a six-axis lumbar load cell, connecting the spine to the pelvis.

-The leg femur shall support the ability to install a six-degree load cell in the femur.

(CLIN 0002) LARD, 95th Percentile Hybrid III The manikin will support a 95th percentile hybrid III automotive neck and the JSF-LM110H head form. The LM-110H head will have an average durometer shore A reading of 64 ± 1. The non-instrumented manikin weight will be 233 ± 1 lbs. The instrumented manikin weight will be 245 ± 1 lbs. The table below gives the required anthropometry measurements.

-The ATD will support the use of two six-axis neck load cells: an upper neck load cell installed at the C0 location and a lower neck lower neck load cell installed at the C7/T5 location.

-The chest shall support a chest box that can accommodate a Data Acquisition System (DAS) with sensor wiring and a battery pack for powering the system. The chest box will also provide a housing for the mounting of a DTS six-degree of Freedom (6 DOF) block. The 6 DOF block will house three linear accelerometers and three angular rate sensors. The aforementioned DAS systems are listed below:

• EME Corp Pico64

• DTS Slice 6 - 200,000pm

• DTS Distributor -The ATD pelvis will be a pedestrian design for both standing and sitting (adjustable configuration). It will support a straight spine design that accepts a six-axis lumbar load cell and attaches to the pelvis.

-The leg femur shall support the ability to install a six-axis load cell in the femur.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Vendor research was conducted to determine if more than one company can provide the capability to satisfy the requirement. Four vendors, Jasti (LB), Kistler9, Humanetics, and Atlantic Diving Supply responded via their customer service departments and a government RFI posting on SAM.gov. Eighteen (18) Government and civilian ATD experts were consulted from Nov, 2023 - Feb, 2024, to determine the breadth of the Government's ATD specifications, and the skill level and identity of possible vendors who could provide a product to satisfy those specifications. The results of product research and four months of SME involvement, determined that the Humanetic's produced LOIS and LARD Hybrid III test Manikins are the only products that have kept up with the evolution of JPATS standards in Air force aeronautical testing. There are other manufacturers of test manikins out in the market, but they can not be produced to specification and delivered to the Government without modification, further developmental testing and significant schedule delay and expense to the Government.

However if there is a product that is not currently known that met all of the same specifications as the LOIS Hybrid III 5th and LARD 95th percentile ATDs the Government would consider it for award.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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

The Contracting Officer (CO) will ensure the price of this acquisition will be fair and reasonable in accordance with FAR 13.106-3. A price analysis will be performed to determine whether the proposed prices are fair and reasonable for the work to be performed. In addition, a comparison of proposed prices with actual prices incurred on similar purchases in the past as well and well as similar items purchased in the past. Also, the Government will look at list pricing received in the responses to the RFI that will further inform the fair and reasonable determination.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The integrated product team conducted various methods of market research to included Internet searches, data base searches, and the posting of an Request for Information (RFI) on Sam.gov, as well as consultation with Government subject matter experts. The RFI was posted to SAM.gov on 13 March 2024 and ended 12 April 2024. There were three responses that were received from the RFI. The Government received a response from Atlantic Dive Supply (ADS), a small business, which indicated they could supply the item. ADS informed the Government in its response to the RFI that they could procure the ATD from Humanetics and sell it back to the Air Force for use in the required effort. They do not have organic production capability. Humanetics, a large business, posted a response which indicated they could supply the item. Diversified Technical Solutions Inc., a large business, delivered a response which indicated they could supply parts for the ATD but not a fully assembled ATD.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of any sources that expressed, in writing, an interest in the acquisition.

The Government received RFI responses from Atlantic Dive Supply, a small business, which indicated they could supply the item as well as Humanetics, a large business, posted a response to the RFI which indicated they could produce and supply the item. Diversified Technical Solutions Inc., a large business ,delivered a response which indicated they could only supply parts for the ATDs, but had no capability to produce a entire unit.

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.

In order to maintain complete understanding of the ATD market, the Program Team will continuously monitor and assess any industry changes that may occur. This understanding will enable ATD procurements to evaluate the current state of the market and make well informed acquisition determinations.

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.

The Government has a reasonable belief that one qualified small businesses and one qualified large business could provide the products required for the effort. As evidenced by our signature(s) above, we certify that any supporting data contained herein, which is our responsibility, is both accurate and complete to the best or our knowledge.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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Remove the Guidance pages below.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items March 2023 Page of International Agreement Competitive Restrictions (IACR) March 2023 Page of NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Funding level for this acquisition:

Authority:

Justification Type:

COORDINATION ( AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

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APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the funding level selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

II. Nature and/or description of the action being processed.

III. Description of supplies/services required to meet agency needs.

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

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

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

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

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

X. List of any sources that expressed, in writing, an interest in the acquisition.

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.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template

I. Contracting Activity. (FAR 6.303-2(b)(1))

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2))

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (FAR 12.207 and DFARS 212.207).

An individual Justification cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate Justification prior to option exercise or the Justification supporting the basic contract must be a Class Justification. For Class Justification situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class Justifications, by contract action), and the estimated delivery dates/periods of performance If commodities are being procured, provide quantities. All contract line items (CLIN) -- e.g., technical data, support equipment, support services, etc. -- should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the Justifications, those ancillary requirements cannot be included in the resulting contract and would require a second Justification. Also, state the type of appropriation (e.g., 3010, 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated Justification dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4)) V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority). (FAR 6.303-2(b)(5)) Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204) VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

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. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)] XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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