JnA_SOAR Testing Contract_FINAL.pdf

FOR OFFICIAL USE ONLY - J&A No. 20-1846 Page 1 of 3V1.4, 12 Jul 19

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Authority: FAR 6.302-1 -- Only One Responsible Source

Individual Class Type J&A: ( or ) Amendment

Yes NoBridge Action: ( or ) Yes NoGreater than 12 Months: ( or )

Feedback

Office: SOF AT&L-KH/KP/KW/KI/KR/KS, SOFSA, TAKO

Project/Program Name: SPEAR/FTHS

Component/PEO/Other: PEO-SW

Estimated Contract Cost (including options) : $100,000.00

J&A No.

Generated when entered in log

20-1846

Classified

Justification for Other Than Full and Open Competition

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1)) Feedback

PM SOF SSES

US Army CCCDC-SC 15 General Greene Ave Natick, MA 01760

SOF AT&L-KR

USSOCOM HQ

7701 Tampa Point Blvd Tampa, FL 33621

2. Description of Action: (FAR 6.303-2(b)(2)) Feedback Approval is being requested for new contract. Subject contract is firm, fixed-price (FFP), for FY20 using FY19 RDTE funds. Total value will be approximately $100,000 USD with no options or incentives.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3)) Feedback Contract is for first article testing (FAT) of rotary wing helmets at an NIJ-Certified test lab. This testing includes various testing including but not limited to retention system testing, non-ballistic impact testing, coating adhesion testing and shell penetration testing.

4. Authority Cited: (FAR 6.303-2(b)(4)) Feedback

10 U.S.C 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by

FAR 6.302-1

(NOTE: For a non-competitive follow-on acquisition to a previous award for the same supply or service, supported by a justification for other than full and open competition citing the authority at FAR 6.302-1, follow the procedures at PGI 206.304(a)(S-70))

5. Reason for Authority Cited: (FAR 6.303-2(b)(5)) Feedback This testing requires sole-sourcing to NTS-Chesapeake. NTS-Chesapeake has unique experience in conducting typical and atypical test for protective helmet systems. Although other NIJ-Certified test labs exists, none have the capability to conduct the complete matrix of testing

Page 2 of 3V1.4, 12 Jul 19 required for the rotary wing helmets. The other possible test labs do not have all of the required equipment, such as coordinate measuring machine, Projected Protected Area of the Head (PPAH) headforms or a coordinate measuring machine (CMM) and the post-processing software required to do such analysis. NTS-Chesapeake has the ability to conduct non-destructive evaluation (NDE) via CT-scanning of helmet systems to ensure manufacturing integrity and quality. Helmet penetration testing requires a specialized test setup which NTS- Chesapeake has manufactured specifically for testing rotary wing helmets to the HGU 56/P standard. This is not a typical test conducted at NIJ-Certified laboratories so the capability does not exist at competing labs.

Furthermore, NTS-Chesapeake has expertise that is unrivaled at competing labs. They have the ability and knowledge to conduct ballistic testing, non-ballistic testing to both military and sports specifications, NDE and complex post-processing. Additionally, their rigorous quality control procedures coupled with their unique metrology lab ensures that the materials used to test are within any relevant specification/ tolerances.

Additionally, NTS-Chesapeake is located much closer to the home duty station of the Program Office. Other ballistic labs are not only un-able to conduct the entirety of this testing, but are mostly located across the country. Examples include Oregon, Kansas and Texas.

Additionally, the labs at these locations are unable to complete all of the required testing in the statement of work. Traveling to these locations to only complete a portion of this work would result in much larger costs to the Government due to extensive travel and time spent out of the office. A discontinuity in testing and results would occur since only NTS-Chesapeake is equipped to handle all of the required testing. This discontinuity could allow competing vendors to question the results of the testing on their helmet systems/ accessories and may lead to valid protests which would result in a duplication of costs to the Government if forced to repeat any portions of this effort.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11)) Feedback A combined synopsis/solicitation was posted to beta.SAM.gov to ensure small business participation and to identify any additional sources

7. Market Research: (FAR 6.303-2(b)(8)) Feedback A combined synopsis/solicitation was posted to beta.SAM.gov to ensure small business participation and to identify any additional sources.

The Program Office conducts regular testing at commercial and governmental laboratories to include almost weekly lot acceptance tests (LAT) of body armor and helmets, in addition to R&D testing at various commercial and Government laboratories. In addition, the Program Office has regular contact with various test laboratories and regularly meets with them at industry trade shows. The most recent meetings occurring in January 2020. Due to the Government’s intimate expert knowledge of the state of Industry and the USG’s abilities to conduct certain testing, NTS-Chesapeake is the single source that can meet all of the above requirements which are vital to the aforementioned Rotary Wing OTA effort and was the only interested source that responded to the synopsis/solicitation on beta.SAM.gov

(Note: When citing FAR 6.302-1, you must post a request for information or a sources sought notice and include the results in the J&A IAW DFARS PGI 206.302-1(d). This is a separate notice from the presolicitation notice required by FAR 5.2 and should be accomplished early in the acquisition planning process)

8. Other Authorities/Factors: (FAR 6.303-2(b)(9)) Reset Section Feedback

10 U.S.C 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1

9. Interested Sources: (FAR 6.303-2(b)(10)) Feedback NTS Technical Systems Elite Electronics Engineering, INC A combined synopsis/solicitation was posted to beta.SAM.gov for 30 days to ensure small business participation and to identify any additional sources. A request to submit a notice of intent was required. In order to complete this testing, it is required for the lab to be NIJ certified. NTS submitted their notice of intent and it was verified that they are NIJ certified via the technical team. Additionally, Elite Electronics Engineering submitted a notice of intent. The contract administrator reached out to Elite to confirm the company was NIJ certified and they confirmed they are NOT, therefore Elite was not able to compete for this requirement. NTS Technical Systems- Chesapeake was the only responsible source who responded to this requirement.

Page 3 of 3V1.4, 12 Jul 19

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days.

9. Technical and Requirements Certification: (FAR 6.303-2(c)) Feedback

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Agency Advocate for Competition (AAC) approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the AAC or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Senior Procurement Exectutive (SPE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Title:

Signature: Date:

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7)) Feedback I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. (Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc. As part of this basis indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 will apply.)

12. Contracting Officer Certification: (FAR 6.303-2(b)(12)) Feedback

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Name: John E. Helfert Title: Contracting Officer

Signature: Date: May 14, 2020

FOR OFFICIAL USE ONLY - J&A No.

FOR OFFICIAL USE ONLY - J&A No. Amendment Page of V1.4, 12 Jul 19 United States Special Operations Command (USSOCOM) Justification and Approval (J&A) Document Template Type J&A: ( or ) Bridge Action: ( or ) Greater than 12 Months: ( or ) J&A No.

Generated when entered in log J&A No.

Amendment No.

This is an interactive form that will auto populate in accordance with the Authority, Office and Estimated Contract Cost. For the form to populate, you will need to input at a minimum of the following:

1) Authority

2) Bridge Action (Yes or No)

3) Greater than 12 Months (Yes or No)

4) Office (This will tell the form what approval levels of authority and document review to use)

5) Estimated Contract Cost (This will tell the form what review/ approval blocks to populate)

The POC for this form is SOF ATL-KX @ michael.c.watson.civ@socom.mil (813) 826-6852 and trevor.money@socom.mil (813) 826-6491.

For policy related questions, please contact Michelle Cames @ michelle.cames@socom.mil (813) 826-0034.

Justification for Other Than Full and Open Competition

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

2. Description of Action: (FAR 6.303-2(b)(2))

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

4. Authority Cited: (FAR 6.303-2(b)(4)) 10 U.S.C 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1 (NOTE: For a non-competitive follow-on acquisition to a previous award for the same supply or service, supported by a justification for other than full and open competition citing the authority at FAR 6.302-1, follow the procedures at PGI 206.304(a)(S-70))

10 U.S.C 2304(c)(2), Unusual and Compelling Urgency, as implemented by FAR 6.302-2 (NOTE: Performance may not exceed 12 months unless approval by the HCA (see FAR 6.302-2(d)(1)-(2). HCA approval signature for the determination of exceptional circumstances will be done in block 16) 10 U.S.C 2304(c)(3), Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services, as implemented by FAR 6.302-3 10 U.S.C 2304(c)(4), International Agreement, as implemented by FAR 6.302-4 10 U.S.C 2304(c)(5), Authorized or Required by Statute, as implemented by FAR 6.302-5 10 U.S.C 2304(c)(6), National Security, as implemented by FAR 6.302-6 10 U.S.C 2304(c)(7), Public Interest, as implemented by FAR 6.302-7

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

7. Market Research: (FAR 6.303-2(b)(8))

8. Other Authorities/Factors: (FAR 6.303-2(b)(9)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Interested Sources: (FAR 6.303-2(b)(10))

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days.

9. Technical and Requirements Certification: (FAR 6.303-2(c)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Agency Advocate for Competition (AAC) approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the AAC or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Senior Procurement Exectutive (SPE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

12. Contracting Officer Certification: (FAR 6.303-2(b)(12)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Limited Sources Justification Under the General Service Administration Federal Supply Schedule Program

1. Agency and Contracting Activity: (FAR 8.405-6(c)(2)(i))

2. Description of Action: (FAR 8.405-6(c)(2)(ii))

3. Description of Supplies/Services: (FAR 8.405-6(c)(2)(iii))

4. Authority Cited Permitting Limited Sources: (FAR 8.405-6(c)(1)(i)) (Identify the citation permitting limited sources. This section is normally the most detailed part of the justification. To assist you in preparing this justification, an introductory sentence for each of the FAR 8.405-6(a)(1)(i) circumstances for limiting sources are provided below.

5. Efforts/Actions to Increase Competition: (FAR 8.405-6(c)(2)(viii))

6. Market Research: (FAR 8.405-6(c)(2)(vi))

7. Interested Sources:

8. Other Facts Supporting the Justification: (FAR 8.405-6(c)(2)(vii)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Technical and Requirements Certification: (FAR 8.405-6(c)(2)(x)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Agency Advocate for Competition approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the AAC or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Senior Procurement Executive (SPE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Fair and Reasonable Cost Determination: DFARS 216.505-70(d)(3))

11. Contracting Officer Certification: (FAR 8.405-6(c)(2)(ix)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Simplified Procedures for Sole Source Justification

1. Agency and Contracting Activity:

2. Description of Action: (FAR 6.303-2(b)(2))

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

4. Authority Cited:

FAR 13.106-1(b)(1):

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

7. Market Research: (FAR 6.303-2(b)(8))

8. Other Authorities/Factors: (FAR 6.303-2(b)(9)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Interested Sources: (FAR 6.303-2(b)(10))

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days.

10. Technical and Requirements Certification:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

12. Contracting Officer Certification:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Simplified Procedures for Certain Commercial Items Sole Source Justification

1. Agency and Contracting Activity:

2. Description of Action: (FAR 6.303-2(b)(2))

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

4. Authority Cited:

41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

7. Market Research: (FAR 6.303-2(b)(8))

8. Other Authorities/Factors: (FAR 6.303-2(b)(9)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Interested Sources: (FAR 6.303-2(b)(10))

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days.

10. Technical and Requirements Certification:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

12. Contracting Officer Certification:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Fair Opportunity Exception

1. Agency and Contracting Activity: (FAR 16.505(b)(2)(ii)(B)(1))

2. Description of Action: (FAR 16.505(b)(2)(ii)(B)(3))

3. Description of Supplies/Services: (FAR 16.505(b)(2)(ii)(B)(2))

4. Authority Cited Permitting Fair Opportunity Exception and Rationale: (FAR 16.505(b)(2)(ii)(B)(4))

5. Efforts/Actions to Increase Competition: (FAR 16.505(b)(2)(ii)(B)(7))

6. Market Research: (FAR 8.405-6(c)(2)(vi))

7. Interested Sources:

8. Other Facts Supporting the Justification: (FAR 16.505(b)(2)(ii)(B)(6)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Technical and Requirements Certification: (FAR 16.505(b)(2)(ii)(B)(9)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Agency Advocate for Competition approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the AAC or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Senior Procurement Executive (SPE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Fair and Reasonable Cost Determination: (FAR 16.505(b)(2)(ii)(B)(5))

11. Contracting Officer Certification: (FAR 16.505(b)(2)(ii)(B)(8)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

HCD/FCO Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I have reviewed this document and find the J&A adequate to support other than full and open competition:

Legal Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

SOF AT&L-KM/KX/KB Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I have reviewed this document and find the J&A adequate to support other than full and open competition:

N01C/N01C-D Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I have reviewed this document and find the J&A adequate to support other than full and open competition:

ACC Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I have reviewed this document and find the J&A adequate to support other than full and open competition:

DOP Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I have reviewed this document and find the J&A adequate to support other than full and open competition:

Procuring Activity Authority for Competition (PAAC) Approval: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I have reviewed this document and find the J&A adequate to support other than full and open competition:

Agency Advocate for Competition (ACC) Approval: (If over Procuring Activity Authority for Competition Authority (PAAC), [see SOFARS 5601-1 for your component's approval authorities], up to $13.5M. Note AAC must also sign above $13.5M. (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

I have reviewed this document and find the J&A adequate to support other than full and open competition.

Head of Contracting Authority (HCA) Approval: Over $13.5M to $93M (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

Senior Procurement Executive (SPE) Approval: Over $93M or Bridging Action (any dollar value) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

HCA FAR 6.302-2 Approval: (Required when performance exceeds 12 months, regardless of contract amount) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

11.0.1.20130826.2.901444.899636

US Army CCCDC-SC 15 General Greene Ave Natick, MA 01760

Section1CActivityText: SOF AT&L-KR

USSOCOM HQ

7701 Tampa Point Blvd Tampa, FL 33621

(NOTE: Agencies shall request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(For guidance, the three authorities used most often are cited in the following general order of precedence: (1) FAR 6.302-6 - National Security; (2) FAR 6.302-2 - Unusual and Compelling Urgency; and (3) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For example, if all three were to apply to a given procurement, FAR 6.302-6 - National Security would be cited here and the remaining two would be cited in order or precedence in Section 8, Other Facts.)

Section5Text: (a) Address why the proposed acquisition MUST be accomplished through a sole source solution, and why the authority in paragraph 4 applies. Provide a well-reasoned, detailed discussion of the rationale that will make it crystal clear to someone who has never heard of your organization or your requirement to substantiate why full and open competition cannot be used for this procurement. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements.

If urgency is the determined basis:

Section5Text: (a) Address why the proposed acquisition MUST be accomplished through a sole source solution, and why the authority in paragraph 4 applies. Provide a well-reasoned, detailed discussion of the rationale that will make it crystal clear to someone who has never heard of your organization or your requirement to substantiate why full and open competition cannot be used for this procurement. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements.

If urgency is the determined basis:

Section5_6_302-1: This testing requires sole-sourcing to NTS-Chesapeake. NTS-Chesapeake has unique experience in conducting typical and atypical test for protective helmet systems. Although other NIJ-Certified test labs exists, none have the capability to conduct the complete matrix of testing required for the rotary wing helmets. The other possible test labs do not have all of the required equipment, such as coordinate measuring machine, Projected Protected Area of the Head (PPAH) headforms or a coordinate measuring machine (CMM) and the post-processing software required to do such analysis. NTS-Chesapeake has the ability to conduct non-destructive evaluation (NDE) via CT-scanning of helmet systems to ensure manufacturing integrity and quality. Helmet penetration testing requires a specialized test setup which NTS-Chesapeake has manufactured specifically for testing rotary wing helmets to the HGU 56/P standard. This is not a typical test conducted at NIJ-Certified laboratories so the capability does not exist at competing labs.

Furthermore, NTS-Chesapeake has expertise that is unrivaled at competing labs. They have the ability and knowledge to conduct ballistic testing, non-ballistic testing to both military and sports specifications, NDE and complex post-processing. Additionally, their rigorous quality control procedures coupled with their unique metrology lab ensures that the materials used to test are within any relevant specification/tolerances.

Additionally, NTS-Chesapeake is located much closer to the home duty station of the Program Office. Other ballistic labs are not only un- able to conduct the entirety of this testing, but are mostly located across the country. Examples include Oregon, Kansas and Texas. Additionally, the labs at these locations are unable to complete all of the required testing in the statement of work. Traveling to these locations to only complete a portion of this work would result in much larger costs to the Government due to extensive travel and time spent out of the office. A discontinuity in testing and results would occur since only NTS-Chesapeake is equipped to handle all of the required testing. This discontinuity could allow competing vendors to question the results of the testing on their helmet systems/accessories and may lead to valid protests which would result in a duplication of costs to the Government if forced to repeat any portions of this effort.

Section5_6_302-1Bridge: (Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractors’ unique qualifications for fulfilling the contract requirements. Note, only the one authority cited above may be addressed here, if more than one authority applies, cite and discuss the basis for use of them in Section 8, Other Facts.)

(If the authority FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, is cited for a follow-on acquisition, include the estimate of the cost to the Government that would be duplicated and how the estimate was derived. NOTE: The inability of more than one contractor to meet the required delivery schedule would be justified under this authority. NOTE: If the J&A is for a bridge action, explain the rationale for issuing a bridge action (e.g. protest, inadequate planning, emerging technology, etc…), and the rationale for the length of the bridge action.)

(NOTE: Agencies shall request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(For guidance, the three authorities used most often are cited in the following general order of precedence: (1) FAR 6.302-6 - National Security; (2) FAR 6.302-2 - Unusual and Compelling Urgency; and (3) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For example, if all three were to apply to a given procurement, FAR 6.302-6 - National Security would be cited here and the remaining two would be cited in order or precedence in Section 8, Other Facts.)

Section5Text6_302-2: (Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractors’ unique qualifications for fulfilling the contract requirements. Note, only the one authority cited above may be addressed here, if more than one authority applies, cite and discuss the basis for use of them in Section 8, Other Facts.)

(If the authority FAR 6.302-2, Unusual and Compelling Urgency, is cited, include the required delivery schedule and lead-time involved as well as the discussion of the serious injury to the Government, e.g., loss of life, mission failure, etc., which would result if award of a contract is delayed. NOTE: USSOCOM is required to request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(NOTE: Agencies shall request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(For guidance, the three authorities used most often are cited in the following general order of precedence: (1) FAR 6.302-6 - National Security; (2) FAR 6.302-2 - Unusual and Compelling Urgency; and (3) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will…