JA Modification HGU55P Approved Redacted.pdf
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- Justification & Approval for Other Than Full & Open Competition Federal contract opportunity
- Solicitation number
- SPE1C1-21-D-1500
About this file
This document is a Justification for Other than Full and Open Competition for HGU-55/P Helmets with MBU-20/P High Speed and Standard Visors. The Defense Logistics Agency (DLA) Troop Support, Clothing & Textiles Supply Chain is seeking to modify contract SPE1C1-21-D-1500 by adding 5,000 helmets (4,450 High-Speed Visors at $1,148.54 each and 550 Standard Visors at $1,173.77 each), increasing the total contract value to $26,969,834.28. The modification is necessary due to increased demand and will sustain critical safety personal protective gear requirements until a new long-term contract is awarded in March 2027.
Gentex Corporation is the sole manufacturer of these specialized helmet/visor systems, which were designed to meet the Air Force's high-G environment safety requirements. The helmets must pass rigorous windblast testing (450 knots for Standard Visors and 600 knots for High-Speed Visors), and the government lacks the technical data rights to competitively procure these items. The contract is being modified under 10 USC 3204(a)(1) authority, with no additional market research planned, as Gentex is the only known source capable of meeting the government's specific safety and design requirements.
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CUI
Controlled Unclassified Information (CUI) Source Selection Information - See FAR 2.101 & 3.104
Justification for Other than Full and Open Competition HGU-55/P Helmet with MBU-20/P High Speed and Standard Visors
1. Defense Logistics Agency (DLA), Troop Support, Clothing & Textiles Supply Chain (C&T), is the contracting activity.
2. The contract action being approved is a modification to increase the maximum quantity and maximum dollar value on contract SPE1C1-21-D-1500 on an Other than Full and Open Competition basis.
3. This justification and approval (J&A) authorizes the addition of a quantity of 5,000 each to contract SPE1C1-21-D-1500 Option Year Three as follows: PGC 03348 – quantity of 4,450 each at a unit price of $1,148.54 each and PGC 03349 – quantity of 550 each at a unit price of $1,173.77 each, for an added dollar value of $5,756,576.50. This contract action is required due to the maximum quantity on the contract being reached prior to the contract’s expiration date of September 23, 2025, and additional quantities being required to meet demand.
A. The following are the items required to meet DLA’s needs:
HGU-55/P Helmet with High-Speed MBU-20/P Visor – PGC 03348
8475-01-542-2592 – Medium / Gentex Part Number 81D5330-13 8475-01-542-2603 – Large / Gentex Part Number 81D5330-14 8475-01-542-2612 – X-Large / Gentex Part Number 81D5330-15
HGU-55/P Helmet with Standard MBU-20/P Visor – PGC 03349 8475-01-542-2562 – Medium / Gentex Part Number 81D5330-16 8475-01-542-2571 – Large / Gentex Part Number 81D5330-17 8475-01-542-2576 – X-Large / Gentex Part Number 81D5330-18
B. Original quantities were awarded on September 24, 2021, as follows:
Base Year Maximum Quantity: 4,654 each (any combination of helmet/visor system) Option Year 1 Maximum Quantity: 4,654 each (any combination helmet/visor system) Option Year 2 Maximum Quantity: 4,654 each (any combination helmet/visor system) Option Year 3 Maximum Quantity: 4,654 each (any combination helmet/visor system)
Maximum Dollar Value - $21,213,257.78
C. Modification P00004*, dated April 14, 2022, revised the original quantities under the contract as follows:
Base Year Maximum Quantity: 6,654 each (any combination helmet/visor system) Option Year 1 Maximum Quantity: 4,654 each (any combination helmet/visor system) Option Year 2 Maximum Quantity: 4,654 each (any combination helmet/visor system) Option Year 3 Maximum Quantity: 2,654 each (any combination helmet/visor system)
*Modification P00004 moved quantities from option year 3 to the base year to support the increased demand and aging back orders. At the end of that fiscal year (FY23), additional funding was available to place orders to fill the increased demand and orders.
Controlled by: DLA Troop Support Controlled by: Clothing & Textile Directorate, Safety Equipment Team CUI Category: Source Selection Information Limited Dissemination Control: FED ONLY
D. The proposed revised maximum quantity and maximum dollar value are as follows:
Option Year 3 Maximum Quantity: total 7,654 each
PGC 03349 - $1,148.54 & PGC 03348 - $1,173.77
Dollar value increase for additional 5,000 each: $5,756,576.50
Revised Contract Maximum Dollar Value - $26,969,834.28
4. The applicable statutory authority permitting other than full and open competition is 10 USC 3204(a)(1), as implemented by FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.
5. The use of this authority is necessary because Gentex Corporation (Gentex), Cage Code 97427, is the only firm that manufactures these helmet/visor systems. These items have a proprietary Gentex design for which the Government does not possess unrestricted technical data rights and therefore cannot solicit this requirement using full and open competitive procedures. Only Gentex has the necessary design data to ensure that these items will meet the safety requirements of the Air Force, and the Air Force is the only activity that can evaluate alternate proposals. At this time, there are no other known contractors that make a helmet/visor system that meets the safety or design requirements of the Air Force. As such, the acquisition of the Gentex brand name and part-numbered items identified in subsection 3.A. above are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.
For this acquisition, DLA Troop Support is purchasing both the HGU-55/P Helmet with Standard MBU- 20/P Visor and the HGU-55/P Helmet with High-Speed MBU-20/P Visor. Both helmet/visor systems are highly specialized. The Gentex HGU-55/P Helmet with MBU-20/P Visors was created to meet the challenging demands of a High-G Environment. The Standard Visors must successfully pass 450 knot equivalent air speed windblast testing, and the High-Speed Visors have special guides attached to each side of the visor and have different strap arrangements that attach the visor to the helmet. The High- Speed MBU-20/P must successfully pass 600 knot equivalent air speed windblast testing.
An increase to the maximum quantity and maximum dollar value under the contract is needed due to the maximum quantity being reached prior to the contract’s expiration. This contract action is required due to increased demand coupled with a change in acquisition strategy for the follow-on procurement and is necessary for sustainment of requirements and ongoing support to the warfighter. To increase efficiency in the acquisition process, DLA C&T leadership has determined that pursuing a Requirements Type contract with Gentex for various helmets, to include the HGU-55/P Helmet with MBU-20/P Visors, is in the Government’s best interest. DLA is in the acquisition planning stages of defining the requirements and performing market research. The Government’s target award date for the aforementioned contract is March 2027. This proposed contract modification is necessary to sustain requirements that are considered critical safety, personal protective gear until the new long-term contract is in place.
6. This justification will be made available for public inspection, redacted as necessary, in accordance with FAR 6.305.
7. As the Contracting Officer, I hereby determine that the anticipated cost to the Government will be determined fair and reasonable based on acceptable, contractor submitted, certified cost and pricing data.
Notably, Gentex has agreed to honor the current Option Year 3-unit prices for the planned action.
8. With the exception of synopsizing this requirement, no additional market research will be conducted, and no other firms will be solicited since the required supplies and services are only available from the incumbent contractor in the required timeframe.
9. There are no additional facts supporting the use of Other than Full and Open Competition.
10. Gentex was the only firm that expressed interest in the acquisition that resulted in the award of SPE1C1-21-D-1500. Gentex is the only approved source, the only vendor possessing the technical data needed to manufacture the items, and the only known source with the ability to meet the needs of the Government. Therefore, it is anticipated that only Gentex Corporation would be interested in this requirement.
11. Should a contractor express an interest in supplying the required helmet/visor systems or an alternative helmet system, they will be directed to the Air Force Engineering Support Activity for evaluation. In 2017, at the request of DLA Troop Support, the Air Force Program Manager Office conducted a feasibility study to determine if the Air Force had the necessary technical data to be able to produce documents which would enable the item to be solicited competitively. The study signed in March 2018 stated the Air Force did not currently own the rights to all the revisions to enable this item to be competitively procured. For this modification, DLA Troop Support has not requested an updated feasibility study from the Air Force Program Manager Office but will do so under the follow-on acquisition.
12. As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.
Date MARIA AGUAYO Contracting Officer
I hereby certify that the supporting data which form the basis of this justification are complete and accurate, and that these supplies meet the Government’s needs in accordance with applicable specifications to the best of my knowledge and belief.
Date LEIGH ANNE CROUTHAMEL Supervisory Quality Assurance Specialist
I have reviewed and hereby approve this justification.
Date WILLIAM J. KENNY Executive Director DLA Troop Support Contracting And Acquisition Management
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