JandA-Redacted 2021.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

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I. Agency and Contracting Activity.

Department of the Air Force, 338 ESS/PKD, 2021 First Street West, JBSA-Randolph, TX 78150-4302.

This is a Justification for Other Than Full and Open Competition (Brand Name).

II. Nature and/or description of the action being approved.

This acquisition is for training aids (supply) in support of the Counter- Improvised Explosive Device (C-IED) & Counter-Small Unmanned Aircraft Systems (C-sUAS) training requirement. Projected quantities of these items are based on historical and actual quantities ordered, however these are only estimates and are subject to change depending upon future needs.

This brand-name J&A (BNJ) is for C-IED/C-sUAS training aids from manufacture companies MilSimFx, USA, LLC and Threat Management Group (TMG). The BNJ is for a new contract and will be firm-fixed price. The estimated ceiling for this single-award IDIQ contract

III. Description of supplies/services required to meet agency needs (including the estimated value).

This BNJ will only cover the brand-name items manufactured by MIL-SIM-FX and Threat Management Group (TMG).

Specifically, items 2.32-2.51 in the Statement of Need for this acquisition are manufactured by TMG. Likewise, items 2.3 -

2.101 in the Statement of Need for this acquisition are manufactured by MIL-SIM-FX.

All other items identified in the Statement of Need for this acquisition can be obtained from any source.

The period of performance for this IDIQ contract will include a Five-Year ordering period, from 01 Jul 2021 to 30 June 2026.

There will be 5 Pricing Periods (PP1- PP5).

Type of appropriation: This contract action will be funded using 3400 (O&M) money.

IV. Statutory authority permitting other than full and open competition.

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(c), Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements and required by FAR 6.303-2(b)(4).

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

This contract action will provide consumables and accessories for devices from MIL-SIM-FX and TMG that are not produced by anyone else. These items must be compatible with the existing brand-name devices already being used. Market Research indicated no other products meet the Government's requirements, and MIL-SIM-FX and TMG are the only two firms that produce these items. The Statement of Need contains the salient characteristics of the items essential to the Government's requirements.

Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. To date, more than worth of MIL-SIM-FX and TMG brand-name items have been purchased via delivery orders against the current contracts. These figures are considered to be the minimum amount of cost that would be duplicated if these items were to be re-procured from another source, without this brand-name justification.

In the alternative, since MIL-SIM-FX and TMG are the only two manufacturers that produce these particular items, failure to approve this brand name J&A would result in unacceptable delays in training the war fighter. It is uncertain how long it would

March 2020 FOR OFFICIAL USE ONLY Page 3 of 4March 2020 FOR OFFICIAL USE ONLY Page 3 of 4 take another vendor to develop similar highly-specialized C-IED/ C-sUAS training aids/equipment, but this would adversely impact the capability to train airmen heading into theaters of operation around the world and would put their lives in greater danger. This ultimately affects the ability of the war fighter to recognize and react to life-threatening situations.

Accordingly, MIL-SIM-FX and TMG are the only firms capable of manufacturing the supplies described in Section III above without the USAF experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling this training requirement.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

As part of Market Research, a Request for Information/Sources Sought Notice (FA3002-21-RFI-CIED) was posted to BETA.SAM from 22 Jan 21 to 22 Feb 21, using NAICS 339999 (All Other Miscellaneous Manufacturing) and Classification Code 6910 (Training Aids & Devices). The intent of the notice was to identify any potential vendors that could provide the items listed in the SON, or identify any other "or equal" alternatives. No vendors identified themselves as interested parties and only one vendor submitted a capability statement.

The Contracting Officer extended the RFI to 12 Mar 2021 and contacted five additional potential vendors for a vendor pool total of six. Of the total potential vendors contacted or responded, four vendors identified themselves as firms capable of providing all of the items listed in the Draft Statement of Need (SON). Of the final two vendors (fifth and sixth), one (fifth) expressed interest but appear to be as a potential subcontractor and the other (sixth) appears to be mostly a leadership training firm so will not participate in this effort. None of potential vendors submitted catalog listings of items equal to the brand name items for the technical review. The expectation is the vendors will supply the non-brand name C-IED/C-sUAS items and establish supplier/reseller agreements with the two brand name sources in this document.

The results of Market Research indicate a reasonable expectation of the submission of multiple proposals in response to the 2021 C-IED/C-sUAS Training Aids Request for Proposal (RFP). As part of the screening process, all information received in response to the Sources Sought/RFI was forwarded to AETC/A3Q for technical analysis.

This acquisition will require a synopsis IAW FAR 5.201, and since this is a commercial requirement, a combined synopsis/ solicitation will be used IAW FAR 12.603(a). FAR 6.305(c) requires that this brand name justification be posted with the solicitation for a minimum of 30 days. The BNJ posted with the solicitation will be redacted as necessary.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost to the Government for this contract will be determined fair and reasonable prior to award. Since this determination will be based on price analysis techniques for commercial items, certified cost and pricing data will not be required. Examples of price analysis techniques that will be used to determine a fair and reasonable price include: comparison of proposed prices received; comparison of proposed prices to historical prices paid; and a comparison of proposed prices with the IGE.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, initial market research, IAW FAR Part 10, was conducted via a Sources Sought synopsis on BETA.SAM (FBO), advising industry of the pending acquisition and soliciting inquiries from interested parties.

Sources were both contacted directly or expressed their interest in response to the RFI posted on BETA. SAM. Other vendors were discovered using the SB Dynamic Search Tool & Small Business NAICS SDV and VO vertical search.

Market research further revealed that these items are commercial in nature, as they are also used as props within the movie/ film industry and for training use within private (non-governmental) security firms.

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IX. Any other facts supporting the use of Other Than Full and Open Competition.

None.

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI above.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

Prior to any potential subsequent re-procurement actions for similar items, market research will be re-accomplished in order to assess the marketplace and identify additional sources of similar items. Industry days and Government Small Business & state-sponsored conventions and modified commercial items are approaches to overcome barriers to competitions prior to future acquisitions.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

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