Draft Brand Name J_A BetaSam_Redacted May 7 2020.pdf

General Services Administration (GSA)

JUSTIFICATION AND APPROVAL

NAME BRAND ONLY ITEMS IN SUPPORT OF THE TACTICAL COMBAT

CASUALTY CARE (TCCC) CASUALTY EVACUATION (CASEVAC)

SET CONTRACT RE-COMPETE EFFORT

SOLICITATION TBD

INTERAGENCY AGREEMENT NUMBER

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 :

Agency :

General Services Administration (GSA) Acting in support of: United Special Operation Forces Command (USSOCOM), Program Manager - SOF Survival, Support, & Equipment Systems (PM-SOF SSES)

Contracting Activity :

GSA

Federal Acquisition Service (FAS) Assisted Acquisition Service (AAS) Region 4, Southeast Sunbelt Region Section 9

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

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 Evaluation (CASEVAC) Set. The CASEVAC Set is comprised of the brand name items as listed in Appendix A. A new seven (7) year Indefinite Delivery Indefinite Quantity (IDIQ) contract with a [Redacted] ceiling is planned and will be solicited as a follow-on to the existing CASEVAC Contract that expires 31 October, 2020 and is planned to be set aside for small business. These brand name items are required under this effort as they have been operationally tested, approved, and fielded under the initial contract. The brand name items will be procured using a Firm Fixed Price (FFP) contract type. This follow-on contract will be utilized to continue the fielding of essential lifesaving equipment to Full Operational Capability (FOC). There are specific items within the CASEVAC Set which can be competed as “brand name or equal”. 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 75% of the estimated system value of [Redacted] incumbent contract current-year 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 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, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The overarching IDIQ will be an open market FAR 15 competitive procurement with Brand Name Only requirements for 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.

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

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 include: the creation and/or modification of training packages, operator's manuals, configuration management processes, and other system documentation.

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

A presolicitation notice will be publicized as required by FAR 5.2.

To promote competition, the CASEVAC draft J&A, Statement of Work, and list of brand name items and brand name or equivalent items will be posted to beta.sam.gov in order to solicit industry feedback and identify potential barriers to competition. Additionally, a Draft Request for Proposal (RFP) will be posted prior to the official RFP. The CASEVAC IDIQ contract will be posted as a full and open small business set-aside for a Prime Vendor/Integrator of the Government approved/owned configuration, training and spiral development.

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.

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 Contracting Officer 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 total amount of funding required for the total estimated period of seven years is approximately $ [Redacted] .

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. Specific Market Research information pertaining to this re-compete is contained in the full Market Research Report, dated .

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

The Government owned and managed technical data package is the only configuration which meets the validated and approved USSOCOM CASEVAC Program requirement.

10. A Listing of the Sources, if any, That Expressed, In Writing, An Interest in the Acquisition :

11. 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 solutions for the modernization and improvement of PoR capabilities. All potential spiral development solutions will be evaluated by the end user community using best practices to ensure all evaluations are fair and reasonable while the equipment is found to be safe and suitably effective.

In addition, to ensure fair competition, any subsequent action for this capability will be competed at the Prime Vendor/Integrator level.

12. Contracting Officer Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief :

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.

Sonia M. Hammons Date Contracting Officer