Redacted Conflict Sole Source signed.pdf

J&A Number: NSWC-PHD-JA-20-077 Code: L50

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command Naval Surface Warfare Center, Port Hueneme (NSWC

PHD).

2. Description of the Action Being Approved

NSWC PHD intends to award a single sole-source contract on the basis of other than full and open competition for virtual firearm training programs and the associated software licenses and technical support to Conflict Kinetics (CK), Sterling, VA.

3. Description of Supplies/Services

This procurement is to obtain virtual firearm training for Navy reserve units to develop and certify teams and individual firearm qualifications prior to live fire drills. CK’s tactical firearm synthetic trainers, software license agreements and technical support, weapons maintenance station, simulator compressed air charging station and magazines, and “train the trainer” training along with customized support enable the Government to build Littoral Combat Ships (LCS) specific training curriculum. .

Total estimated value is $2,323,536 for the supplies and $33,110.35 for the extended warranty totaling $2,353,646 of National Guard and Reserve Equipment Appropriation (NGREA) funding.

Fund Type Year Value

NGREA 2020 $2,353,646

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 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. Rationale Justifying Use of Cited Statutory Authority

Navy reserve units provide significant support to the LCS program by performing Anti- Terrorism/Force Protection (AT/FP) watch on-board vessels and at entry control points, and perform Surface Warfare (SU) Visit Board Search and Seizure (VBSS), which is part

NCH 53.6-2

of the Maritime Security Module. The Sailors in these reserve units require weapons certification and semi-annual sustainment qualification training IAW OPNAVINST 3591.1F (Small Arms Training and Qualifications) to perform mission. If available, this training shall be completed with a synthetic (not live-fire) trainer. \

There are currently approximately 1,000 reserve Sailors attached to the two LCS Squadrons. These Sailors only have 192 hours a year to be ready for both Navy-wide and LCS prerequisites via their Individual Training Periods (IDT, also known as “drills”).

With that amount of throughput for qualifications, and only a limited time to accomplish them, there is a need for a system that not only provides the mechanism to conduct sustainment training, but also improves qualification rates though data and learning. With such a limited amount of time to be ready for orders, there is no spare time for the Sailor to come back to perform the sustainment training again if they do not pass the course. If there is a high rate of Sailors who do not qualify, that negatively impacts mission readiness as it results in a smaller pool of qualified reserve forces to provide AT/FP for these already minimally-manned ships.

Currently, Conflict Kinetics (CK) is the only known firearms synthetic training system in the commercial marketplace that provides the medium of performing the sustainment training qualification while employing multiple methods and validated algorithms to improve qualification probability and proficiency through data and machine learning.

CK employs a proprietary algorithm that is not available with other small arms synthetic training systems, and which can predict "ready for live fire" shooting trainee status to a better than 95% accuracy. This provides training instructors with data that enables them to focus on students that require the most assistance to pass. NECC formally validated this algorithm in a study involving approximately 500 Sailors, reducing time and resources to qualify to OPNAVINST 3591.1 (Series) standards from 10 days and 600 live rounds to 5 days and 72 live rounds, while increasing qualification percentages from 66% to 95%.

CK has a unique approach to training based on Human Performance Methods. Using proprietary methods and systems that employ the techniques, CK has 4 US Patents No.

8,398,404, 8,529,262, 9,355,572, and 9,638,495. Patents for other CK propriety methods and systems are pending. The unique nature of these methods is derived from pro-sports science adapted for marksmanship and are a critical component in its systems. Elements such as Sports Vision Ocular (SVO), Plus Life Speed™ Overload, and high repetition of fundamentals all contribute to the CK methods. CK uses dynamic targeting algorithms integrated into its software scenarios to help improve student decision making, agility, and ocular and cognitive skills - aiding the Sailor’s execution and improving qualification rates.

Due to its approach, multiple patents, and proprietary software and systems, CK’s synthetic firearms training system is unique in the industry. Other systems provide gaming or simulator type engines that do not provide robust training, feedback, and data collection that is available from CK. Any other system would only allow for the completion of the sustainment qualification, with non-substantive feedback, no ability to mitigate training costs and time, and no enhancement of training outcomes. The CK system offers much more with a significant aspect being the enduring database that results in each system. It can provide data collection and trend analysis of the shooters not offered elsewhere. This capability is in line with comments in the Senate Armed Services Committee report (S.

Rept. 116-48) accompanying the FY2020 NDAA recognizing the value in data collection from small arms simulators. Those metrics are a significant plus for commands with reserve Sailors where they will only see them a limited time each year for these sustainment qualification trainings.

Additionally, CK provides training instructors baseline data for each Sailor, which can be used in subsequent trainings to identify and target areas of improvement, enabling a higher pass rate.

Besides the unique data collection and analysis CK provides, CK systems also have features that are not available in all other small arms trainers. The simulated weapons themselves also assist in pass rates with proper zeroing and 1:1 weight ratio in comparison to the actual weapons. Some other systems employ add-on laser devices, which may negate the real-life weight ratio or center of gravity.

Components such as Navy Expeditionary Combat Command (NECC) that have adopted this system have experienced increased qualification rates compared to other system offerings that exist. Like LCS, NECC has a reserve-heavy distribution of personnel, and relies on their reserve component Sailors to be ready for tasking with the same limited time available for training. They also cannot afford for their reserve Sailors to fail qualifications in the limited timeframe allotted for them.

CK’s Small Arms Synthetic Training Systems are more than a method to perform sustainment qualifications, but also a learning tool that assists both the instructors and the students with data and approaches for a training level not available elsewhere in the commercial marketplace at this time. CK systems will make training more time-efficient for the reserve Sailors and improve qualification rates as already seen from NECC through this system-assisted learning.

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

Market research was conducted through various internet searches, required and suggested sources of supply, catalogs and published price lists, and historical information such as previously awarded contracts from other commands. Based on the information in paragraph 5, competition for this action was not feasible as CK is the only source that offers firearms synthetic training with the above capability due to their approach and patented systems. Market research did indicate there are other firearms trainers in the commercial marketplace, such as on GSA Schedule, past procurements from other contracting offices, and websites, however they do not offer the same type of capability as previously described. The same type of product/service with these features is not available elsewhere in the commercial marketplace and Government developmental costs to produce other sources is not cost effective when there is a commercial source readily available.

CK does not have any authorized re-sellers in the open market; therefore seeking brand name instead of sole source was not possible. CK does however have multiple procurement vehicles they are on as a subcontractor. For example, CK is a subcontractor to Applied Training Solutions on GSA Schedule contract GS-02F-066BA that offers CK products. CK is also a subcontractor on NASA’s SEWP V contract to Four Inc. under contract NNG15SC73B.

CK products are determined to be commercial items from past determinations from DoD contracting officers such as W911QY-16-D-0029, and that they are sold on GSA Schedule where all products/services on GSA Schedule must be commercial items. They also offer their products and services on a public-facing website and their website markets to state and local entities, law enforcement agencies, and marksmanship instructors and businesses.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will use price analysis, including historical cost estimating relationships from previous Opus Suite procurements to determine that the final price to the Government is fair and reasonable. The Contracting Officer has determined that the anticipated cost to the Government for the supply covered by this Justification & Approval (J&A) will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWC PHD Acquisition Division has no plans at this time to compete future contracts for these types of supplies/services covered by this document If another potential source emerges, NSWC PHD Acquisition Division will assess whether competition for future requirements is feasible.

ulie Sad Code L5

KNOWLES.MARK.ALAN.1087267853

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Digitally signed by KNOWLES.MARK.ALAN.1087267853 D_a_t_e:_2_02_0_.0_6._30 17_:2_4_:4_5_-0_7_'0_0'

Mark Knowles, Code L50 Phone No. 805-228-8923 Date

REQUIREMENTS COGNIZANCE:

J r, 5 Phone No. 805-228-5756 Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

MAGLASANG-MILLER.ANDREA.SUE

WAH.1456228948

Digitally signed by MAGLASANG-

MILLER.ANDREA.SUE WAH.1456228948

D_at_e:_20_20_.07_.0_1 1_1:_15_:57_-0_7'_00_'

Andrea Maglasang-Miller, Code 00L Assistant Counsel Phone No. 805-228-5649 Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

SHANER.KEITH.A.123170637

Digitally signed by

SHANER.KEITH.A.1231706379

D_a_te_: 2_02_0_.07_.0_1_10_:3_1:_49_-_07_'0_0'

Keith Shaner, Code 0243 Phone No. 805-228-0731 Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as (Senior Procurement Executive of the Navy, Designee of the Head of the Procuring Activity, Designee of the Head of the Contracting Activity, Competition Advocate for the Procuring Activity, Contracting Officer, as appropriate) the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Chief of the Contracting Office (CCO) THOMPSON.MICHAEL.DAVID.1 Digitally signed by

265364817 THOMPSON.MICHAEL.DAVID.1265364817

D_a_te_:_2_0_20_._0_7._0_6_0_7_:1_4_:0_2_-_07_'_00_'

Michael Thompson, Code 02 Date