Female Body Armor FOE redacted_Redacted.pdf

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

FOR OFFICIAL USE ONLY

November 2018 FOR OFFICIAL USE ONLY Page 2 of 4 shoulders, groin, and knee and elbow joints).

The TSSI FBA solution is the Aspetto MACH-V system. Unit cost is based on a pricing matrix already negotiated and attached to the contract Delivery Order used for procurement of the previous 5,688 units; for the instant procurement of 2,000 units, the per-unit cost is . Delivery of all units shall be completed within 12 months of the first delivery of production units (beginning with initial quantities in September 2020). The FBA is a commercial item as defined in FAR 2.101, as the item is offered for sale to the general public but with minor modifications of a type that is not commercially available but were made to meet the Government requirements. The Contracting Officer required a CID from the contractor (since the product is supplied by a subcontractor) for the previous acquisition and will include it in the file for the instant acquisition.

(4) Identification of the exception to fair opportunity and the supporting rationale:

The specific exception that precludes the fair opportunity process for the acquisition of additional FBA units is FAR 16.505(b)(2) (i)(C), "The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order."

The Try-Decide-Buy MAC ID/IQ is designed to initially procure a limited quantity of different solutions for each requirement and determine which represents the best value to the Government based on assessments similar to the process described herein.

Ideally, the "Try-Decide-Buy" process includes placing a priced Option for the greater "Buy" quantities on the awarded Delivery Order, which provides the Government the ability to procure the additional quantities by exercising the Option(s) once the Government has determined the best value solution. The "Buy" Option will subsequently be exercised to procure the additional quantities. However, due to timing constraints at end of fiscal year 2019, priced Options were not able to be included on the Delivery Orders (DOs) without jeopardizing the awards for the initial quantities prior to funds expiring. Thus, an exception to the fair opportunity process is needed for the acquisition of additional FBA units that were determined necessary to meet the Air National Guard and Air Force Reserve portion of the total Government requirements.

AFLCMC/WNU released a Fair Opportunity Proposal Request (FOPR) to all eleven Try-Decide-Buy (TDB) ID/IQ prime contract awardees on 6 September 2019. The FOPR included flexibility for each offeror to propose up to 2 FBA solutions. The fair opportunity selection process was conducted pursuant to FAR 16.505 and in accordance with the Try-Decide-Buy basic contract ordering instructions in addition to the FOPR. The Government expressed its intent in the FOPR that the selection process would result in award of up to four DOs to ensure an adequate number of systems were procured and assessed during the multi-phase evaluation process. It was further specified in the FOPR that the Government would then down-select after each assessment phase. A total of different FBA solutions were proposed by different offerors in response to the FOPR. different FBA solutions were procured from TDB vendors via individual Delivery Orders for 28 systems in multiple sizes (representative of the anthropometric cross-section of Air Force female defenders) for evaluation. The TSSI initial Delivery Order value was as it .

After the Phase I down-select to the FBA solutions, lab assessments were conducted at the Aircrew Accommodation Lab and in accordance with the AFLCMC/WNU Assessment Plan to determine safety and performance characteristics as required by the Capabilities Development Document authored by the user, Air Force Security Forces. Based on the results of the Phase II assessment, systems met the requirements, including the critical safety item Key Performance Parameter, and were included in the Phase III field assessment, where female defenders wore the body armor in the conduct of their typical daily job activities. The Phase III field assessment was conducted by the FBA team who traveled to Moody, Minot, and Wright Patterson AFBs. The TSSI Aspetto solution emerged as the only solution to have been determined in compliance with all safety and performance characteristics as well as the solution preferred as more favorable by the female defenders who participated in the assessment, and therefore met all Government requirements. As a result of the initial award to the TSSI/Aspetto Team for the initial and subsequent procurement of 5,688 FBA units, it is in the interest of economy and efficiency to award the instant action for the additional 2,000 FBA production quantities on a sole source basis to TSSI.

Throughout the lab and field assessments, which spanned a three month period, multiple personnel resources and funding were expended. It would not be economically favorable nor most efficient for the Government to conduct another assessment under an additional FOPR to compete the FBA effort for the additional 2,000 units. Since TSSI's solution was the only solution compliant with all Government safety and performance requirements, and all TDB prime contract holders were given a fair opportunity to be considered for the original order, the TSSI Aspetto FBA solution is the logical follow-on to the already issued order under this FOPR. In addition, it is not in the interest of the Air Force or AFSFC to field multiple configurations of the FBA from a training or logistics perspective. The FBA system is designed to protect female defenders in high-stress and even combat

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

FOR OFFICIAL USE ONLY

November 2018 FOR OFFICIAL USE ONLY Page 3 of 4 scenarios, therefore having a single fielded FBA configuration that the Defenders are familiar with is a crucial aspect of this procurement. Fielding multiple FBA configurations also drives additional logistical effort and considerations which is not desirable to the AFSFC.

Additionally, although the Government has executed two previous Fair Opportunity Exceptions for the acquisition of FBA, the original Fair Opportunity Proposal Request issued in September 2019 included the following language: "The Government anticipates the possibility of a production follow-on for quantities of more than 8,200 Female Body Armor." When AFSFC issued the requirements memorandum to AFLCMC/WNU in March 2020 for the FBA production, the requirement had decreased to 5,600 (with the additional 88 units inadvertently not included added at the later date). The 2,000 units required for the ANG and AFRC were not included in the 5,688 quantity, and the instant procurement will add up to a total purchase of 7,688 FBA. Because this amount is still within the originally contemplated quantity as expressed in the initial FOPR, the instant acquisition is determined as an additional logical follow-on.

(5) Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable for the acquisition of 2,000 additional FBA systems. The Contracting Officer made a fair and reasonable determination on the acquisition to procure the initial production units (Modification P00002) where the unit prices were negotiated on a pricing matrix that included pricing bands up to 5,500+ and through FY2022. Therefore, all unit prices on the instant acquisition have already been negotiated and determined fair and reasonable.

(6) Other facts supporting the justification:

None

(7) Actions the agency may take to remove or overcome any barriers to increasing fair opportunity before any subsequent acquisition for the supplies or services:

The FBA team will continuously conduct strategic market research to remain informed about potential changes in technological advances for female-specific body armor. Market research strategies will include tactics such as attendance at industry days (e.g.

SAFE Conference held every fall and the Warrior Expo), internet searches, and conversations with Subject Matter Experts. In addition, the Human Systems Division (AFLCMC/WNU) is standing up the Combat Ready Airman (CRA) branch and this branch will keep in constant contact with squadrons and units at multiple AF bases across the Air Force regarding future requirements.

The above-stated actions will remove barriers to increasing fair opportunity before any subsequent acquisitions for Female Body Armor above and beyond the 7,688 units procured. In addition, future TDB acquisitions will include priced options for the increased quantity buys on initially awarded Delivery Orders.

(8) Program Manager's certification that supporting data is accurate and complete:

As evidenced by my signature below, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

(9) Contracting Officer's certification that the justification is accurate and complete:

As evidenced by my signature below, I certify that the justification is accurate and complete to the best of my knowledge and belief.

(10) Approving Official's determination that one of the circumstances in FAR 16.505(b)(2)(i) applies to the order.

As evidenced by my signature below, I hereby determine that the fair opportunity exception checked on page 1 applies.