Redacted Final LSJ_47QSWC24K0086_RA-1_Parachute_Egypt_EG-B-VPQ (1)_Redacted.pdf

IV. THE AUTHORITY AND SUPPORTING RATIONALE (SEE 8.405-6(a)(1)(i) AND (b)(1) AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED

CONTRACTOR’S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED

SUPPLY OR SERVICE:

This acquisition will be conducted under the authority of the Multiple Award Schedule (MAS) Program, FAR 8.401. The primary statutory authorities for MAS are Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251 ET SEQ), and Title 40 U.S.C.

501, Services for Executive Agencies.

The United States Government (USG) offers to sell to the Government of Egypt via the LOA, FMS, Case Designator EG-B-VPQ under the Arms Export Control Act (22 U.S.C. Chapter 39) and authority cited under FAR 8.405-6(a)(1)(i)(B) and DFARS 225.7304. No other like and/or similar products will meet the needs of the requesting country.

In accordance with DFARS 225.7304, FMS customers may specify brand name(s) or request that a defense article or defense service be obtained from a designated contractor. The contractor specified in the LOA under Case Designator EG-B-VPQ is ADS, Inc. The Contracting Officer has verified the LOA sufficiently fulfills the requirements allowing the requesting country to specify particular brand names and contractor. Consequently, the Contracting Officer is required to honor the agreement between the USG and the Government of Egypt.

This acquisition will be procured against the MAS Program, GSA Special Item Number (SIN)/Category 332999, titled: Law Enforcement Personal Equipment. FAR 8.405-6(a)(1)(i)(B) applies when only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Therefore, given the requirements specified in the LOA with the Government of Egypt and authorities cited in FAR 8.405-6(a)(1)(i)(B) and DFARS 225.7304, procuring these items from one source is justified. In accordance with FAR 8.405-6(a)(2)(i), this LSJ will be posted to SAM.gov within fourteen (14) days of award for a minimum of thirty (30) days.

V. A DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING OFFICER

THAT THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH 8.404(d):

A best value determination will be conducted and documented prior to award. Additionally, prior to awarding the delivery order, the Contracting Officer will seek price reductions from ADS under their MAS contract, 47QSMA19D08Q1 in accordance with FAR 8.405-4. Any quote submitted by ADS will be reviewed to ensure pricing and terms are in accordance with their MAS contract.

In accordance with FAR 8.404(d) Pricing, GSA has already determined the prices of the supplies and fixed-price services under Schedule contracts to be fair and reasonable. However, the Department of Defense (DoD) has issued Class Deviation 2014-00011, dated March 13, 2014, whereby the Contracting Officer is responsible for making a determination of fair and reasonable pricing for orders/BPAs using the proposal analysis technique outlined in FAR 15.404-1.

Because this requirement is one-source, the Government will be utilizing at least two (2) methods by which to determine pricing submitted by ADS to be fair and reasonable. These techniques include, but not limited to the following:

Requesting recent commercial and Government sales history Direct competitive pricing comparisons Making indirect pricing comparisons to:

o the same or similar items in the marketplace, o competitive published price lists, and o Independent Government Estimates.

VI. A DESCRIPTION OF MARKET RESEARCH CONDUCTED AMONG SCHEDULE

HOLDERS AND THE RESULTS OR A STATEMENT OF THE REASON MARKET

RESEARCH WAS NOT CONDUCTED:

Market research was conducted in accordance with FAR Part 10 to determine the availability of products or vendors capable of meeting the Government’s requirement. Market research revealed the RA-1 Parachutes and Aerial Delivery Equipment were not available through AbilityOne, UNICOR, Green Procurement Compilation websites or through the Interagency Contract Directory Portal. Market research did reveal the required RA-1 Parachutes and Aerial Delivery Equipment were available on GSA Advantage! website under ADS, Inc.’s MAS contract, 47QSMA19D08Q1.

VII. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

All facts supporting this justification have been provided above.

VIII. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED

CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES IS MADE:

Per the LOA, Airborne Systems, FXC Corp and WAMORE are the only brands, and ADS is the only contractor capable of meeting the Government’s requirements. Until it is determined these required items no longer satisfy the terms of the LOA between the US Army and the Government of Egypt, they must continue to be procured as specified brand names through ADS, Inc. To ensure these requirements are met, TACOM will continue evaluating other vendors through ongoing market research and monitoring the evolving needs of both the U.S. Army and the Government of Egypt. These efforts will ensure the Government engages the most efficient and economical providers.

Assistant Regional Counsel (LD7) Date

Competition Advocate (QSA) Date

APPROVAL AUTHORITY CERTIFICATION

I, the approving authority, determine that the circumstances identified in this document are accurate; therefore, limiting competition to one source under FAR 8.405-6(a)(1)(i)(B) is justified. The signature below also represents approval of this Justification and Approval.

Date

Contracting Executive (QSC), Delegated HCA Authority