N6817118Q0115_Attachment_4_-__GSA_Limited_Source_Justification_Redacted.pdf

DEPARTMENT OF THE NAVY

U.S. NAVSUP FLEET LOGISTICS CENTER SIGONELLA

DET NAPLES CONTRACTING, NAPLES, IT

PSC 817 BOX 50

FPO AE 09622-0050

Ser 225NA/18-0400

LIMITED SOURCE JUSTIFICATION FOR FSS ORDER (above SAT)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Limited Source Justification. The requiring activity is the Commander, Navy Region Europe Africa Southwest Asia (CNREURAFSWA) Antiterrorism Policy and Operations Department (N3AT); the contracting activity is the NAVSUP Fleet Logistics Center Sigonella, Site Naples.

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This acquisition is conducted under the authority of the Multiple Award Schedule Program (Title 41 U.S.C. 152 (3) and Title 40 U.S.C. 501, Services for Executive Agencies). This is a limited source action to be awarded as a new Federal Supply Schedule order to the Small Business identified in paragraph 3 below. The placement of a firm, fixed price order is anticipated.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is to purchase six mobile marksmanship Training Simulators. CNREURAFSWA Navy Security Forces conducts simulated weapons proficiency and escalation of force scenarios from verbal warnings to warning shots, disabling fire, and full military engagement. The original equipment manufacturer (OEM) was contacted to determine if they had authorized distributors. The OEM stated that there are no authorized distributors of the Lasershot’s Mobile Marksmanship Training Simulator except for .

Contractor shall deliver one Laser Shot, four lane Mobile Marksmanship Training Simulator to each of the following locations: Naval Support Activity Naples, Italy; Camp Lemonnier, Djibouti; Naval Support Facility Redzikowo, Poland; Naval Support Facility Deveselu, Romania; and two systems to Naval Support Activity, Bahrain. Each Laser Shot, four lane Mobile Marksmanship Training Simulator (SYS-MMT-D4) will include the contents of the basic 4-lane marksmanship training system, including screens, software, attachments, and the Navy package specific weapons.

This action shall be funded by FY18 Operations and Maintenance, navy funds in the amount o aggregate for 6 kits.

4. IDENTIFICATION OF THE JUSTIFICATION RATIONALE AND/OR DEMONSTRATION OF

CONTRACTOR’S UNIQUE QUALIFICATIONS: The statutory authority which permits restricting consideration of schedule contractors to fewer than that required in FAR 8.405-1 or 8.405-2 as 41 U.S.C. 251, as implemented by FAR 8.405-6.

The requirement for sole sourcing the procurement, is because of the sole ownership of the hardware and intellectual property of the contractor. The is a non-projectile, escalation of force, firearm tactical training system capable of simulating scenarios consistent with European, Africa and Central Command rules of engagement. Additionally, this system has been approved by the Navy Surface Warfare Center, Joint Forces Training and Support Branch IAW OPNAVINST 3591.1F for use during semi-annual weapons certification. OPNAVINST 3591.1F paragraphs 8.b(1) and 15 state, “Lasertype simulators must be approved and certified by the Navy Laser Review Board…For list of approved weapons simulators, contact NSWC Crane, Joint Forces Training and Support Branch (electronic mail:

smallarms@navy.mil).”

, , and were the only approved systems from the Navy Small Arms office, as described in the email received 15 August 2018 from Derek Clidienst, NSWC Crane Small Arms Help Desk.

The costs of these systems are comparable as follows:

Various weapons add additional costs, but the price per weapon is comparable amongst the various systems, putting complete system sets with weapons well above per system.

However, based on market research, and Government end-users, it has been determined that is the sole manufacturer and provider of the marksmanship simulator that meets statement of work specifications.

1) is the only product of its kind without tethered weapons allowing freedom of movement for tactical training, and provides the option of a simulated which will be employed by the Navy in 2020.

2) Only has the option to employ realistic team tactics during scenarios by allowing modularity of weapons systems; i.e. using the on the firing line at the same time.

3) have tethered weapons that do not allow Move, Shoot and Communicate small team tactics drills and limit realistic scenario response.

4) do not list the as an optional weapon, which the Navy will transition to in 2020. Navy transition to a new handgun is public knowledge, and was reiterated in the 15 August 2018 email from NSWC Crane, Joint Forces Training and Support Branch.

5) do not allow mixing weapon types within a single scenario negating the ability to conduct realistic small team tactics drills and scenario response comprising of mixed weapon Master at Arms teams, including the .

6) Numerous patent rights cover the training capability which uses components manufactured by Laser Shot.

These are commercial items; the Government does not own the patent or technical rights. It would not be cost effective to acquire license rights to a commercial item - especially given the unique features that provide Laser Shot with significant market advantage with regard to antiterrorism and law enforcement training. Even if the Government had resources available to acquire data rights, this acquisition is needed now to meet current training requirements in anticipation of another active shooter, terrorist attack, or natural disaster.

5. DETERMINATION OF THE BEST VALUE: GSA has determined the prices of supplies to be fair and reasonable for the purpose of establishing the schedule contract. Therefore, ordering activities are responsible to make a separate determination of fair and reasonable pricing for individual orders. Per FAR 8.404 (d) DEVIATION, the NAVSUP FLCSI Naples Contracting Officer will determine, using the procedures in FAR 15.404-1 that the prices are fair and reasonable and will document such determination.

6. DESCRIPTION OF MARKET RESEARCH: The requiring activity and contracting activity have conducted market research among schedule holders. Market research was also conducted in accordance with FAR part 10, specifically, (1) knowledgeable individuals were contacted in Government and industry regarding market capabilities to meet the CNIC Mobile Marksmanship Training Simulator requirements, (2) Government data regarding acquisitions made by other agencies for similar requirements were reviewed, and (3) other sources were sought by searching online and reviewing catalogs and generally available product literature from other manufacturers, distributors and dealers.

mailto:smallarms@navy.mil)

The Government conducted market research which included an internet (Google) search for similar compatible competitor products, a review of GSA schedules for availability through GSA, a review of other similar Government purchases of this or similar equipment, and contact with industry.

Market research did not reveal any competitor equivalents which could be substituted; no other products exist in the market that provide the performance characteristics described in paragraph 4 above. The requiring activity certifies that the requirement can be met by a commercial item and provides supporting documentation which is attached.

7. ANY OTHER SUPPORTING FACTS: This procurement uses a GSA Schedule and will be solicited and awarded in accordance with FAR Subpart 8.4.

8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: All future requirements will be handled on a case-by-case basis. CNREURAFSWA and NAVSUP have no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NAVSUP will assess whether competition for future requirements is feasible.

9. CONTRACTING POINT OF CONTACT: The point of contact at NAVSUP FLCSI Naples, Italy is Sebastiano Paciello at DSN 626-4057, commercial (0039-081)568-4057 or by e-mail at Sebastiano.Paciello.IT@eu.navy.mil.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A/LSJ value is between $150K and $700K, the Contracting Officer’s signature below also represents approval of the J&A/LSJ.

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A/LSJ value is between $700K and $13.5M, the Competition Advocate’s signature below also represents approval of the J&A/LSJ.

Not Applicable