JA Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Defense Logistics Agency, Troop Support, Clothing & Textiles Supply Chain, is the

Agency and the contracting activity.

2. The action being approved is the ability to solicit for DLA requirements on an other than full and open competition basis.

3. This justification and approval covers the acquisition of the following:

Item Description: Cap, Water Canteen Avon Protection Systems, Inc. (1LEW5) Part Number 71018/1 National Stock Number (NSN): 8465-01-529-9800 Minimum Quantity: 22,500 each Annual Estimated Quantity (AEQ): Redacted Maximum Quantity: 337,500 each Unit Prices: $ Redacted for first tier / $ Redacted for second tier / $ Redacted for third tier Estimated Value (based on AEQ and each tier’s estimated price): $ Redacted Maximum Dollar Value: $ Redacted

This acquisition will have a three (3) year ordering period with separate pricing for each twelve (12) month period, referred to herein as a tier period.

4. The applicable statutory authority permitting other than full and open competition is 10

USC 2304(c)(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 Avon Protection Systems is the only firm that manufactures a cap that meets all of the Government’s requirements. This cap was developed for use on the Joint Services’ General Purpose Mask (JSGPM), which is used by the warfighter to protect against exposure to chemical, biological, radiological, and nuclear (CBRN) agents. This canteen cap interlocks with the CBRN canteen and the interlocking function ensures the water contained in the canteen is not exposed to CBRN agents while the warfighter is in situations where exposure is possible. In 2000, the US Army Contracting Command – Detroit Arsenal (ACC-DTA) competed the JSGPM system and components, including this canteen cap, for a development contract and Avon Protection Systems’ prototype was selected as having the best potential to meet the Government's performance requirements. Avon Protection Systems’ cap has been evaluated and is proven to meet the warfighter’s critical requirements for material properties, deterioration, reliability, environmental and battlefield contaminants, protection factors, simulant agent resistance test manikin, and long-term storage requirements. Furthermore, at the subsystem level the canteen cap provides a critical function to the mask system. If the cap does not meet these required capabilities, a mask system failure could occur and lead to serious injury or death.

The Government only has limited data rights to the contractor’s drawings and limited top level drawings, system performance specifications, quality assurance provisions, and special packaging instructions. Avon Protection Systems’ maintains the full technical data package for this system and the canteen cap. The collection of documents available to the Government is insufficient for competition (Redacted). Without these technical details, the Government cannot guarantee and verify that an alternate cap will function as required by the warfighter which could ultimately lead to serious injury or death of the user. (Redacted).

(Paragraph Redacted)

6. The solicitation will be posted to the DLA Internet Bid Board System (DIBBS) and published to the Contract Opportunities website in accordance with FAR 5.2. In addition, this justification will be made available for public inspection, along with the solicitation, redacted as necessary, in accordance with FAR 6.305(c).

7. As the Contracting Officer, I hereby determine that the anticipated cost to the Government will be determined fair and reasonable (Redacted).

8. Market research was conducted by multiple Government agencies. The U.S. Army

Combat Capabilities Development Command (CCDC) Chemical Biological Center, in conjunction with ACC-DTA, conducted market research in August 2019 in accordance with FAR 10.002(b)(2) regarding capabilities to meet customer requirements. (Redacted) The results of this research indicated that the alternative caps identified do not meet the users’ requirements for CBRN protection. Additionally, ACC-DTA posted a sources sought notice (SSN) to the Federal Business Opportunities website on August 13, 2019 (Redacted).

DLA Troop Support sent a market survey to (Redacted) in January 2020 and again in May 2020. (Redacted). A second SSN was published to Contract Opportunities website (formally Federal Business Opportunities) on March 18, 2020 and closed on April 20, 2020 (Redacted). A third notice was published on May 7, 2020 and closed on June 7, 2020. No responses were received. A search of the internet also provided no other manufacturing sources for this item other than Avon Protection Systems.

9. There are no other facts supporting the use of other than full and open competition.

10. (Redacted) has expressed, in writing, an interest in the subject acquisition.

11. Should a contractor express an interest in supplying the required cap or an alternative cap, they will be directed to the Engineering Support Activity for evaluation. (Redacted).

12. As the Contracting Officer, I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Date CATHERINE DILLON Contracting Officer

Individual Equipment

I hereby certify that the requirements which form the basis of this justification are accurate and complete to the best of my knowledge and belief.

Date (Redacted)

Supervisory Quality Assurance Specialist

I have reviewed this justification and recommend approval.

Date MARIA AGUAYO Acting IST Chief, Individual Equipment

I have reviewed this justification and recommend approval.

Date MARK TWARDZIAK Acting Division Chief, Individual Equipment

I have reviewed this justification for legal sufficiency.

Date DLA Counsel -Troop Support

I have reviewed and hereby approve this justification.

Date ROBERT J. PANICHELLE

DLA Troop Support Competition Advocate