M67854-23-R-1007 PC Gen III JA 23107 - Redacted.pdf

J&A Number: 23107

5. Rational Justifying Use of Cited Statutory Authority

The PC Gen III is a body armor system that is the lifecycle replacement and system modernization for the legacy PC, which is the current Body Armor Program of Record for the USMC. The PC Gen III provides the same level of direct fire protection when worn with hard armor inserts and provides the same area of coverage and increased ballistic performance for soft armor as compared to the legacy system. It provides increased mobility, improved fit, lighter weight, and additional modularity to support various mission sets. The PC Gen III includes a low-profile Vest and an integrated loadbearing panel to support Reconnaissance, Military Police, and Vehicle Crewman Military Occupational Specialties at a 25% weight reduction compared to the legacy PC.

The 2012 Change eight to the Family of Body Armor Operational Requirements Document required weight reduction for increased user mobility through "a single modular and scalable solution." The 2015 Marine Expeditionary Rifle Squad Initial Capabilities Document also required "all systems fielded to infantry to reduce the weight, bulk, and stiffness of issued weapons and equipment, thus improving Marine mobility." Modularity and weight reduction, however, are typically conflicting objectives because modularity often requires additional materials, which add weight and bulk to the system. PC Gen III solved this dilemma by using a low profile vest within the full tactical vest that incorporates lighter laminated materials and new designs.

The legacy Plate Carrier used standard, external bartacked webbing for Pouch Attachment Ladder System (PALS) compatibility. To enable a modular PALS systems and Modular Lightweight Load-carrying Equipment components, the new design for achieving light weight uses laser cut slits instead of external webbing to attach pouches and other heavy, loadbearing equipment. This design allows load bearing both on the vest and the "vest within the vest" while still reducing the total weight and bulk of the system by removing excess material. Additionally, the PC Gen III Detail Specification requires laser cut slits upon the outer laminate components so that the material does not fray or tear.

A Justification and Approval for the Use of Other Than Full and Open Competition (J&A Number:

18,228) to procure brand name patented components for the original Plate Carrier Generation III (PC Gen III) contract (M67854-18-D-1309) was approved on 13 March 2018. The original PC Gen III contract was awarded on 26 September 2018. This contract was terminated for default on 1 November 2022 due to failure to perform within the time required by the terms and conditions of the contract.

MARCORSYSCOM designed the PC Gen III System exclusively at the Government�s expense.

As such, the Government has unlimited rights to the system. However, some of the technology, components and parts comprising the system are available from only one source as a brand name and brand name or equal due to an existing patent or compatibility requirements.

Laser Cut Slit Method for Attachments and Other brand Name Items (See paragraph 3.

above):

The Marine Corps requires a method through which the PC Gen III may incorporate the needed modular loadbearing attachment system at the required reduced weight. Although the primary competing method�the legacy bartacked system�achieves the modular loadbearing attachment capability, it fails the need for achieving weight reduction for enhanced user mobility. First Spear provides laser cut technology to achieve the requisite modular capability coupled with weight reduction to suit the Marine Corps requirements. However, the laser slitted attachment mechanism and construction method is a patented technology under First Spear Patent #9,565,922. In accordance with FAR 6.302-1 (c)(2) the existence of patent rights makes First Spear the sole provider of the slitted design for attachments. During market research, the Government contacted First Spear and it was determined that First Spear will sell a license for its technology to any requesting vendor.

Furthermore, the specification requires hardware to include the quick release mechanism that is compatible with the PC Gen III design from the original contract. As a critical safety item, the quick release has been tested and proven to perform to specified requirements. As such, these items are also brand name and only available from one source.

Brand Name or Equal Items (See paragraph 3. above):

Marine Corps Systems Command designed the PC Gen III with specific dimensions and locations of components to ensure integration compatibility with all USMC loadbearing and armor equipment using compatible hardware. The government designed the PC Gen III to replace the legacy PC to improve mobility, reduce bulk, weight, and stiffness without compromising protection for Marines. Additionally, the PC Gen III is modular and scalable, allowing the user to tailor the system to meet specific mission requirements. To support interoperability and modularity, the PC Gen III requires durable textile-based products. During the design phase of the PC Gen III, PM IW tested a variety of different items and components to satisfy the Plate Carrier requirements. The brand name items in the PC Gen III outperformed the other alternatives and supported interoperability with other infantry combat equipment. Interoperability and compatibility of the PC Gen III with the currently fielded PC Gen III and other infantry combat equipment remains essential to ensure the equipment fits seamlessly.

The PC Gen III Detailed Specification requires specific brand name or equal items in order to facilitate interoperability with the currently fielded PC Gen III and other fielded infantry combat equipment. Per FAR 11.104 the detailed specification lists the salient physical, functional, and/or performance characteristics of the brand name item that an "equal" item must meet to be acceptable for award. The Government will review supporting data for equivalent items and determine whether the alternative material is an acceptable alternative in accordance with the PC Gen III Detail Specification.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

For the initial contract, the PC Gen III Integrated Product Team conducted market research from May 2014 to May 2016 through the Partnership Intermediary Agreement with MilTech. MilTech, affiliated with Montana State University, surveyed industry to assess potential weight saving technologies and industry capabilities to incorporate into the PC Gen III design. MilTech�s research revealed that industry replaced bartacked webbing with a slitted laminate material to reduce weight while maintaining PALS compatibility. At the time of MilTech�s original survey, no patent existed and the slitted laminate technology was widely used throughout the industry.

From 2015 to 2017, the Government conducted extensive developmental and use testing to validate PC Gen III system performance and design in order to establish a system baseline. First Spear received its patent for the slitted laminate method in Feb 2017; however, the PC Gen III baseline design had already received formal validation. The patent secured First Spear the rights for using slitted laminate layers instead of standard bartacked webbing for weaving modular, loadbearing items onto the material.

For the replacement contract, in January 2023 MilTech aided in conducting additional market research on slitted laminate technology. Per market research, the Tank Track system exists and is provided by Point Blank Enterprises. The patent for the Tank Track system is pending. The Trilogrid method also exists and is provided by Camp 7 Synergy. The patent for the Trilogrid method is US D 821,762 S. Although these other methods exist for achieving laser cut load bearing capabilities, these methods have not been tested for use by the Marine Corps. Switching to an alternative method would add at least to the acquisition timeline and in resources due to the need to conduct additional pull strength testing, flammability testing, and user evaluations to confirm the alternate solution meets government requirements. Given that this is a replacement contract for an ongoing and existing need; the Program Office has to manage the budget within the confines of existing funding originally allotted to the now terminated effort.

Solicitation, M67854-23-R-1007, for the replacement effort was posted to SAM.gov on 30 November 2022 and remains posted, to date. During the allotted question and answer period, several vendors inquired regarding the existence of patents. Those questions led to the development of this J&A. The solicitation has been posted for well over 30 days, satisfying the DFARS Procedures Guidance and Instruction 206.302-1 requirement for posting a sources sought notice. No vendors have challenged any sole source specifications. Therefore, there is no reason to believe that competition will be restricted or that additional offerors shall be considered.

7. Determination of Fair and Reasonable Cost:

In accordance with FAR 15.402, the Contracting Officer will ensure that the supplies and services procured under this J&A are fair and reasonable. Even though the aforementioned items are available from only one source, the overall PC Gen III System shall be competitively procured. The contractors will be required to submit formal proposals with sufficient information to support the accuracy and reliability of their estimate. The technical analysts