FLIR 5 Year Class JA (3-12-2023)_Redacted_W56HZV23R0095.pdf

CMO Control Number: 2023-040

7. Actions to Increase Competition: The Government does not have the pertinent technical data and computer software to enable competitive re-procurement for the FLIR FoR platforms. The Government currently does not have any plans to procure the TDP or data rights to any of these robotic platforms.

8. Market Research: A Sources Sought Synopsis was issued on 27 October 2022 with submissions due 28 November 2022. Only FLIR expressed an interest in providing reset, recap, sustainment, and maintenance parts, maintenance services, training, and systems for RLSC technicians to support the overall sustainment of all the FLIR FoR platforms to include all robotic platforms, parts, and training in support of Pseudo FMS cases. FLIR has a long history performing this work for the Government and the RLSC.

Therefore, based on the sources sought responses, limiting competition to the OEM will eliminate substantial duplication of cost to the Government.

9. Interested Sources: To date, no other sources, besides those identified above, have expressed interest in writing or demonstrated any capability for providing the requirement.

10. Other Factors:

Procurement History:

a. On 06 Aug 2021, ACC-WRN awarded a sole source modification on IDIQ contract W56HZV-19-D-0031 to FLIR (Endeavor Robotics), on a sole-source basis, which added Repair Maintenance Action (RMA) and increased the ceiling by $865K from $88.0M for a new maximum value of $88.8M. The award was made sole-source basis pursuant to the authority of Title 10 United States Code (U.S.C.) 2304(c)(1) and FAR 6.302-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The Justification & Approval for this action, at paragraph 7 stated, “The Government does not own license rights to the TDP for the family of robots or parts. The OEM developed, owns and maintains all drawings and technical data; therefore, any actions would be limited to the OEM. There are no known full and open competitions prior to this procurement. No known significant changes in circumstances from prior procurements as awarded under the justification of the IDIQ.

b. On 24 Nov 2020, ACC-WRN awarded a sole source modification on IDIQ basis, which increased the ceiling by $30.1M from $57.9M for a new maximum value of $88.0M. The award was made sole-source basis pursuant to the authority of Title 10 United States Code (U.S.C.) 2304(c)(1) and FAR 6.302-1, "Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements. The Justification & Approval for this action, at paragraph 7 stated, “The Government does not own license rights to the TDP for the family of robots or parts. The OEM developed, owns and maintains all drawings and technical data; therefore, any actions would be limited to the OEM. There are no known full and open competitions prior to this procurement. This modification incorporated all FLIR CRS-H parts and MTRS Inc. II parts to the existing contract MPL., which was awarded on Modification P00007. No known significant changes in circumstances from prior procurements as awarded under the justification of the IDIQ.

c. On 15 Oct 2019, ACC-WRN awarded a sole source modification on IDIQ basis, which increased the ceiling by $25.5M from $32.4M for a new maximum value of $57.9M. The award was made sole-source basis pursuant to the authority of Title 10 United States Code (U.S.C.) 2304(c)(1) and FAR 6.302-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The Justification & Approval for this action, at paragraph 7 stated, “The Government does not own license rights to the TDP for the family of robots or parts. The OEM developed, owns and maintains all drawings and technical data; therefore, any actions would be limited to the OEM. There are no known full and open competitions prior to this procurement. This modification was awarded to replenish the funding used to support an unexpected and urgent Subterranean Operational Needs Statement (ONS) #18-22683, which was awarded on Delivery Order W56HZV-19-F-0354. No known significant changes in circumstances from prior procurements as awarded under the justification of the IDIQ.

d. On 03 Jan 2019, ACC-WRN awarded a sole source, five-year IDIQ contract W56HZV-19-D-0031 for a maximum value of $32.4M to FLIR (Endeavor Robotics) for the Endeavor family of robotic systems, spares and training. Title 10 United States Code (U.S.C.) 2304(c)(1), as implemented by Federal Acquisition Regulation Title 10 United States Code (U.S.C.) 2304(c)(1) and (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” Specifically, FAR 6.302-1(a)(2)(ii)(A) and (B). Paragraph 7 of the J&A stated, “The Government does not own license rights to the TDP for the family of robots or parts. The OEM developed, owns and maintains all drawings and technical data, therefore, any actions would be limited to the OEM.” There are no known full and open competitions prior to this procurement. There are no unusual patterns to the procurement history. The Endeavor family of robots (NSE) will be replaced by competitively awarded PoRs CRS(I), CRS-H, and MTRS Inc. II, however maintenance of the NSE fleet may be required to fill the need gap across services until the full AAOs can be reached.

e. On 29 September 2017, ACC-WRN awarded sole source, two-year extension to Contract Number W56HZV-11-D-0093 Modification P00005 to Endeavor Robotics (Formerly iRobot Corporation). This action was awarded to extend the contract for 24 months. Title 10 United States Code (U.S.C.) 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

Paragraph 7 of the J&A stated, “No alternate sources for Repair and Maintenance, Training, and Travel are known at this time. Due to the significant costs and delays involved in developing an alternate source, no actions to increase competition are planned at this time. Market research will be performed for future requirements to determine the competitive market". Both the Thermite and Stack components are OEM proprietary designs that utilize advance electronics with embedded and sealed proprietary software. Therefore, it was not possible for an alternate source to complete RMAs on these components. These Endeavor parts remain proprietary with sealed electronics. There are no known full and open competitions prior to this procurement. There are no unusual patterns to the procurement history. The Endeavor family of robots (NSE) were intended to be replaced by competitive PoRs CRS(I), CRS-H, and MTRS Inc. II; however, at this time, those actions were not awarded and maintenance of the NSE fleet was required until the competitive actions could be awarded.

11/12. TECHNICAL/REQUIRMENTS CERTIFICATION: I certify that the supporting data under my cognizance, which are included in this justification are accurate and complete to the best of my knowledge and belief.

NAME: Kyle M. Bruner DATE: 7 Mar 23 TITLE: Project Manager Force Projection SIGNATURE: //KMB//

13. FAIR AND REASONABLE DETERMINATION: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The contractor’s proposal shall be reviewed using cost/price analysis to discern whether the costs proposed are current and justifiable. The final negotiated agreement shall give full consideration to all contractual requirements including delivery schedule to support a determination of a fair and reasonable price for this effort. A certificate of current cost and pricing data will be required for the Non-Commercial acquisitions of this requirement, reference FAR 15.403-4.

NAME: Jennifer L. Jusela DATE: 2023MAR12 TITLE: Contracting Officer SIGNATURE: //signed// jlj

14. CONTRACTING OFFICER CERTIFICATION: I certify that this Justification is accurate and complete to the best of my knowledge and belief.

NAME: Jennifer L. Jusela DATE: 2023MAR12 TITLE: Contracting Officer SIGNATURE: //signed// jlj

APPROVAL

Based on the foregoing justification, and as Senior Contracting Official pursuant to Army Materiel Command Head of Contracting Activity Delegation of Authority #21-21, I hereby approve these procurements of reset, recap, sustainment, and maintenance parts, maintenance services, training, and systems for RLSC technicians to support the overall sustainment of all the FLIR FoR platforms to include all robotic platforms, parts, and training in support of Pseudo FMS cases on an other than full and open competition basis pursuant to the authority of 10 United States Code (U.S.C.) 3204(a)(1) as implemented in Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. The estimated total value of this class acquisition is $46.2M.

3/15/2023

X Daniel J. Gallagher Daniel J. Gallagher Senior Contracting Official ACC-DTA Signed by: GALLAGHER.DANIEL.JOSEPH.1034297360