Attach 07 Justification and Approval ID04200024 23 Nov 2020_Redacted.pdf

U.S. General Services Administration

Task ID04200024 Page 1

General Services Administration (GSA)

JUSTIFICATION AND APPROVAL

BRAND NAME ONLY ITEMS IN SUPPORT OF THE TACTICAL COMBAT

CASUALTY CARE (TCCC) CASUALTY EVACUATION (CASEVAC)

SOLICITATION 47QFSA20R0011

INTERAGENCY AGREEMENT NUMBER: IABID04200024

The General Services Administration (GSA) makes this Justification and Approval (J&A) for Other Than Full and Open Competition orders pursuant to Federal Acquisition Regulation (FAR) 6.302.

1. Identification of Agency and Contracting Activity:

a. Requiring Activity: Headquarters United Special Operation Forces Command

(USSOCOM), Program Manager - SOF Survival, Support, & Equipment Systems (PM-

SOF SSES)

7701 Tampa Point Blvd MacDill AFB, FL 33621

b. Contracting Activity: General Services Administration Federal Acquisition Service (FAS) Assisted Acquisition Service (AAS) Region 4, Southeast Sunbelt Region Section 7 77 Forsyth Street, SW Atlanta, GA 30303

c. Contracting Officer: Sonia Hammons

d. Task Order ID: ID04200024

e. Estimated Value Brand Name:

f. Estimated Contract Value (IGCE):

g. Contract Vehicle: Open Market IDIQ

h. Ordering Period: 7 Year IDIQ

Task ID04200024

2. Nature and/or Description of Action Being Approved:

The General Services Administration (GSA), Federal Acquisition Service (FAS), Assisted Acquisition Services Division received a brand name, firm fixed priced (FFP) requirement from USSOCOM at MacDill Air Force Base (AFB), FL. The items are those items listed as Brand Name only in the List of Materials (LOM). Approval is requested for the brand name only procurement of essential supplies and equipment that make up the USSOCOM Tactical Combat Casualty Care (TCCC) Casualty Evacuation (CASEVAC) Set. The CASEVAC Set is comprised of the brand name items and brand name or equivalent items as listed in Appendix A. A new seven (7) year Indefinite Delivery Indefinite Quantity (IDIQ) contract with a ceiling will be solicited as a follow-on to the existing CASEVAC Contract that expires 31 October, 2020 and will be set-aside for small business. USSOCOM is currently executing a six (6) month bridge contract to ensure there is not a lapse in coverage. These brand name items are required under this effort as they have been operationally tested, approved, and fielded under the initial contract and make up the approved configuration. The brand name items will be procured using a FFP contract type. This follow-on contract will be utilized to continue the fielding of essential lifesaving equipment to Full Operational Capability (FOC). As noted above, there are specific items within the CASEVAC Set which can be competed as “brand name or equal”, and these items are identified in Appendix A. The combination of the brand name only, and brand name or equal items would meet the Government’s requirements of interoperability with, and sustainment of, incumbent systems that must be maintained. These brand name items make up roughly of the estimated system value.

3. A Description of Supplies/Services Required to Meet Agency’s Need:

The USSOCOM TCCC CASEVAC Set consists of Commercial off the Shelf (COTS) items that are uniquely assembled to meet program specific requirements. Specifically, the CASEVAC Set provides Special Operations Forces (SOF) personnel lifesaving capability in far-forward and austere environments. This capability is critical to SOF’s unique mission sets and often extended evacuation times. The government-approved configuration was operationally tested and validated on June 8, 2012 for operational suitability and effectiveness which is captured in the Program of Record (PoR) Fielding and Deployment Release (F&DR). The breakout of the brand name and brand name or equal to be procured is contained in Appendix A.

4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

The authority under which this J&A is made is pursuant to FAR 6.302. is FAR 6.302-1 (c), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements- Application for brand name description. The overarching IDIQ will be a FAR 15 competitive small business set-aside procurement with Brand Name Only requirements for a portion of the items that make up the CASEVAC Set pursuant to the authority of 41 United States Code (U.S.C.) 253(c)(1) as implemented by FAR 6.302- 1(c).

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

There are approximately of the items in the kit that are considered brand name only items. These items are listed in the LOM and may be competitively procured through a number of distributors. In accordance with FAR 6.302-1(a)(2)(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.”

Pursuant to the authority cited, the TCCC CASEVAC Systems are highly specialized medical equipment configured and packaged into specific CASEVAC sets to meet the technical and operational mission requirements outlined in the original solicitation (H92222-10-R-0018). To date, of the required total CASEVAC kits have been purchased. In order to procure and field the remaining kits to achieve the PoR FOC while continuing the sustainment of all fielded equipment, the name brand sub-component items, which are captured in Appendix A of this J&A must be consistent to ensure interoperability and safe operational use of lifesaving equipment.

A primary purpose of the PoR was to establish a standardized CASEVAC capability across the USSOCOM enterprise. As this program has yet to reach FOC, utilization of non-name brand items will result in the substantial allocation of funding to re-procure ( ) fielded equipment and the time (approx. 18 months) to execute multiple end user evaluations, contract actions, and complete program documentation staffing.

Additional areas of concern that would cause time delays include: the creation and/or modification of training packages, operator's manuals, configuration management processes, and other system documentation. The use of these brand name items in a portion of this acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company IAW FAR 6.302- 1(c)(1)(ii)(B).

6. A Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Practicable:

A Sources Sought was posted to Fed Biz Opps on October 28, 2019. vendors responded to the original sources sought. A presolicitation notice was publicized to beta.sam.gov as required by FAR 5.2 on May 7, 2020. To promote competition the Statement of Work, Training requirements, Contract Data Requirements documents, an Industry questionnaire and synopsis were included in the pre-solicitation posting. The draft brand name J&A was also posted on May 13, 2020. These items were posted to beta.sam.gov in order to attain industry feedback and identify potential barriers to competition... Additionally, a Draft Request for Proposal (RFP) was posted on June 22, 2020, and question and answers to the posted material was provided on June 30, 2020.

The CASEVAC IDIQ RFP will be posted as a small business set-aside for a Prime Vendor/Integrator of the Government approved/owned configuration.

The solicitation will identify the specific brand name sub-component items of the larger CASEVAC Set which are listed in Appendix A of this J&A. The requirement for the COTS name brand items will not limit competition as these items should be available to all interested Prime Vendor candidates. To ensure no barriers to competition existed, Industry was queried on 7 May 2020 to ascertain their ability or inability to acquire the items in the LOM. vendors, of which did not respond to the original sources sought, responded to the Request for Information (RFI) and none posed concerns as to their capability to propose and/or deliver to the requirements as listed in the LOM.

A total of vendors showed varying degrees of interest.

7. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

Based on the data gathered, the Senior Contracting Officer (SCO) has determined that the anticipated cost to the Government will be fair and reasonable. The expectation of reaching a fair and reasonable price was determined through market research in order to determine best value for USSOCOM. The primary technique the SCO will use to determine price fair and reasonableness is competition and if further analysis is required, other techniques can be utilized to include comparison to the Independent Government Estimate (IGE) and comparison to published price lists. Adequate competition is expected for this acquisition. Price analysis will be documented within the contract file to illustrate an award which is fair and reasonable.

8. A Description of the Market Research Conducted and the Results or a Statement of the Reason Market Research was not Conducted:

Market Research is an ongoing process and, for this action, has been conducted by the Program Management Office (PMO) through the life of the CASEVAC PoR and by GSA contracting. Several methods were employed in conducting Market Research. A search conducted using the Discovery Market Research tool in the Acquisition Gateway on April 8, 2020 yielded no results for NAICS Code 339113, PSC Code 6545 or key term TCCC CASEVAC. The Acquisition Gateway Best-In-Class Research tool recommended the use of High-Tech Medical Equipment; however, that contract is only for the VA and DLA and does not include the entirety of scope needed for CASEVAC TCCC. Since TCCC requires build to print manufacturing, training the HTME solution was considered and deemed not suitable for this requirement. In addition there were no mandatory schedules with the required configurations. Schedule 84 has portions of the kit with Tribalco as the only distributor; furthermore, the schedule does not contain NET training.

In efforts to modernize the capabilities/technologies provided to the warfighter, program representatives maintain contact with industry through various conferences, industry days, trade shows, and information requests using BetaSam.Gov and SOCOM Vulcan.

SOCOM Vulcan is a SOCOM managed interactive website designed to facilitate the exchange between Government and potential industry partners. Specific events attended on a yearly basis include:

Special Operations Medical Association Scientific Assembly (SOMSA)

Special Operations Forces Industry Conference (SOFIC)

Military Health System Research Symposium (MHSRS)

A sources sought and request for information were posted to determine the interest in the commercial market to manufacture TCCC CASEVAC set and provide training. The sources sought was posted on Fed Biz Opps (FBO) on October 28, 2019 under ID0420- TCCC with a response date of December 5, 2019. In that posting, the LOM was included as well as the USSOCOM CASEVAC system attributes. Industry information and feedback was gathered where vendors showed varying degrees of interest in responding to the sources sought posting. The Government sought information to determine Industry’s capabilities, manufacturing capacities, and competence in to support future acquisition/procurement decisions. A Presolicitation notice was then posted on May 7, 2020 with a response date of June 8, 2020. In that posting the following draft documents were posted: 1. Engineering Diagrams, NET Matrix (training), NET training Appendix, LOM, SOW, Industry Questionnaire, and Synopsis. On May 13, 2020, the Draft J&A was posted. From that posting companies responded with answers to the Industry Questionnaire. A summary of the questions and answers are attached in MR Attach 01. On July 9, 2020, the draft Past Performance Questionnaire was posted.

Industry was provided with Industry Day slides and an opportunity for one on one sessions if they submitted written responses to the questionnaire and provided written questions in advance. companies requested and received one on one sessions.

Any Other Facts Supporting the Use of Other Than Full and Open Competition:

No commercially available data package. The Government owned and managed technical data package is the only configuration which meets the validated and approved USSOCOM CASEVAC Program requirement.

9. A Listing of the Sources, if any, That Expressed, In Writing, An Interest in the Acquisition. The following vendors are those that responded to the October 2019 posting and/or the May 2020 posting:

10. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for the Supplies or Services Required:

The CASEVAC PMO, USSOCOM subject matter experts, and the CASEVAC Prime Integrator will conduct ongoing market research to identify potential spiral development

Final Approval:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open competition approach is in accordance with the requirements and is in the best interest of the Government.

Atch: 1. LOM Rev 01 Appendix A)

2. MR Attach 01