Limiting-Competition-under-SAT_ACC LEP_.pdf

For All Actions At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, FAR Part 16 or FAR

13.5 for commercial item test program Control No: JA-22-Nat-570

Memorandum for Record - Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity:

U.S. Almy ACC-APG Natick Contrncting Division US Almy Contrncting Command - Aberdeen Proving Ground Building 1, General Greene A venue, Natick, MA 01760.

2. Description of Action:

Nature: D New Requirement - Follow-on Requirement

D D

D

D

Pricing/Contract Type: - Fixed Price D Time & Materials/Labor Hours D Cost Reimbursable D Hybrid

Funds: Operations & Maintenance, Almy (OMA) for PM-SPE D Other Funds:

FY: 22

Brand Name Buy: DYes No

3. Description of Services or Supplies:

The supplies to be acquired are indicated in the table below. Items are listed by CLINS and a description of each is provided. Quantities are broken down by initial batch orders per-vendor for lot acceptance testing, and then the total estimated quantities by all orders.

Version - February 2017

13.5 for commercial item test program

Item Description Lot # of Units

Acceptance Min/Max testing

CLINl Near-Infrared (NIR) Laser Protective Spectacle Kit and 63 400140000 coITesoonding Oualitv Assurance Reoo11s

CLIN2 NIR Laser Protective Goggle Kit 63 20013500 and coITesponding Quality Assurance Reports

CLIN3 OPTION Visible/Near-Infrared (VIS/NIR) Spectacle 63 0/ 4000 Laser Protective Spectacle assembly and coITesponding Quality Assurance Reports

CLIN4 OPTION VIS/NIR Goggle Assembly. 63 0/ 500 Laser Protective Goggle assembly and coITesponding Quality Assurance Repo1ts

CLIN5 Contractor Manpower Repo1ting NIA 616

It is the intent of the Government to award one or more purchase orders for vendor products that pass Government batch testing, based on best value and funding limitations. The Government reserves the right to award paitial submissions on a CLIN by CLIN basis, based on vendor submissions and evaluation. Note: product performance and batch testing comes after awai·ds ai·e made.

For Actions without Options:

Period of Perfo1mance: 20 months

4. Authority:

FAR 13.501 - Simplified Procedures for Certain Commercial Products and Commercial Services

5. Reasons for Authority Cited:

a. The U. S. Anny Combat Capabilities Development Command Soldier Center (DEVCOM SC), Natick, MA is seeking available laser eye protective equipment outlined in the spreadsheet in Section 1 of this document. Specifically sought are laser protective equipment for commercial products listed on the Authorized Protective Eyewear List (APEL), that ai·e compatible with the Universal Prescription Lens CaiTier (UPLC).

b. The vendors listed under the APEL were dete1mined to be the only responsible/viable sources for this procurement, due to their prior product acceptance to the APEL, which has an extensive approval and testing process that can take up to 12 months to complete. Mai·ket Reseai·ch has shown that these vendors are the only sources that can provide all of the APEL required items

13.5 for commercial item test program without extensive delay to the acquisition process, and therefore are the only sources that can satisfy the government's requirements for delive1y of all the items listed above.

6. Publicizing Contract Actions: For FAR Paii 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed.

7. Market Research: Mai·ket research was conducted in the following manner:

Mai·ket surveys were conducted from 3-15 Mai·ch 2022 to obtain infonnation from potential sources. All 8 APEL vendors (Eye Safety Systems (ESS), Oakley, Alpha Micron, Abom, Honeywell, Revision Militaiy, Smith Optics, and Wiley X) were contacted, through email, by regarding their interest and capabilities for laser eye protection and were asked to complete the RFI.

From this Market Reseai·ch, it was determined the action should be competed via a limited sources competition, with only APEL qualified Vendors, because there is adequate competition with three APEL qualified businesses, including one small business, capable of providing sources for this procurement.

9. Technical/Requirements Certification: I ce1iify that the suppo1iing data under my cognizance which ai·e included in the justification ai·e accurate and complete to the best of my knowledge and belief.

10. Contracting Officer Certification/ Approval: This certification should be made by the

Contracting Officer who will sign the contract resulting from this justification memorandum.

Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16 or FAR 13.5 for commercial item test program

I hereby detennine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis and comparison with similar requirements ( describe technique to be used, e.g. price analysis, cost analysis, etc.).

I ce1tify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have othe1wise been authorized for acquisition.

Typed Name:

Date:

Title:

X Right-C ick "Signature Setup"

Signature: ____________ _.