Redacted_JA Sole Source FAR Part 13.pdf

Sole Source Justification and Approval Review Document Under FAR 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: Ballistic Gelatin Powder

Authority:

41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Amount: $xxxxxxxxxxx

Prepared by:

xxxxxxxxxxx Phone: xxxxxxxxxxx Contracting Specialist Date: xxxxxxxxxxx E-mail: xxxxxxxxxxx

Contracting Officer:

xxxxxxxxxxx Phone: xxxxxxxxxxx E-Mail: xxxxxxxxxxxxxx Date Reviewed: xxxxxxxxxxx

Technical Representative:

xxxxxxxxxxx Phone: xxxxxxxxxxx Title: xxxxxxxxxxx Date Reviewed: xxxxxxxxxxx

Requirements Representative:

xxxxxxxxxxx Phone: xxxxxxxxxxx Title: xxxxxxxxxxxxxxxxxxx Date Reviewed: xxxxxxxxxxx

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Branch Chief:

xxxxxxxxxxxxx Phone: xxxxxxxxxxxxx Date Reviewed: xxxxxxxxxxxxx

Division Chief:

xxxxxxxxxxxxx Phone: xxxxxxxxxxxxx Date Reviewed: xxxxxxxxxxxxx

Legal Counsel:

xxxxxxxxxxxxx Phone: xxxxxxxxxxxxx Date Reviewed: xxxxxxxxxxxxx

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Contracting Command – New Jersey, Joint Armaments Center (ACC-NJ-JA)

2. Description of Action: The U.S. Army Combat Capabilities Development Command

- Armaments Center (CCDC AC) requests a Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) for Ballistic Gelatin Powder for the testing of a wide range of ammunition. Ballistic Gelatin Powder is mixed with water in order to form blocks, which closely simulates the density and viscosity of human muscle tissue. These blocks are used as a standardized medium for testing the terminal performance of firearms ammunition.

3. Description of Supplies/Services: The CCDC AC require Ballistic Gelatin Powder for the testing of a wide range of ammunition. The Government requires re-occurring deliveries as Ballistic Gelatin Powder has an expiring shelf life of about 6 months. Re-occurring deliveries would ensure the Government can continued valuable research ammunition testing while managing their inventory.

Period of Performance:

Ordering Year 1 Value: $ xxxxxxxxxxxxx Ordering Year 2 Value: $ xxxxxxxxxxxxx Ordering Year 3 Value: $ xxxxxxxxxxxxx

Total Value: $ xxxxxxxxxxxxx

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited:

The CCDC-AC require Ballistic Gelatin Powder for the testing of a wide range of ammunition. CCDC-AC conducts internal ammunition testing at Picatinny Arsenal, NJ through its Ammunition Testing Facilities (ATF). Ammunition testing and analysis is critical for the Government in order to satisfy Lot Acceptance Testing (LAT) requirements. Without the ability to perform LAT's, the critical ammunition the warfighter needs may very well not meet the safety and performance standards required in the field. This is critical to support warfighter readiness with safe and high performance ammunitions.

Ballistic Gelatin Powder is mixed with water in order to form blocks, which closely simulates the density and viscosity of human muscle tissue. These blocks are used as a standardized medium for testing the terminal performance of firearms ammunition. The Government requires reoccuring deliveries as Ballistic Gelatin Powder has an expiring shelf life of about 6 months. Re-occuring deliveries would ensure the Government can continue valuable ammunition research and production testing while managing its inventory.

Sources Sought Notice W15QKN20X0A5O was posted and xxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx responded.

Custom Collagen, Inc (a Woman Owned Small Business) is the manufacturer of Ballistic Gelatin Powder which the Armaments Center has qualified it’s gelatin powder and has worked successfully with this offeror in the past. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxx listed as resellers. They have provided capability statements and product specifications, but are not specifically listing Custom Collagen as resellers.

The DEVCOM Armaments Center has only qualified Ballistic Gelatin Powder from Custom Collagen. Procuring Ballistic Gelatin Powder from another non-qualified vendor would require the Government to qualify another gelatin powder at possibly different specifications. To quality another vendor, at different ballistic specifications, the Government would need to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx gelatin blocks, schedule range time for testing, and analyze firing data for clarity, xxxxxxxxxxxxxxxxxxxx. This process could take at least xxxx months or further delayed as the qualification is depending on test range availability xxxxxxxxxxxxxxxxxxxxx. This will cause significant scheduling and programmatic delays to multiple programs as Ballistic Gelatin Powder is needed immediately for use in LAT testing at DEVCOM Armaments Center.

6. Efforts to Increase Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

7. Actions to Increase Competition: Full and open competition is not feasible as Custom Collagen, Inc. is the only known manufacturer while other interested offerors are resellers of Ballistic Gelatin Powder. The Government is however actively working on qualifying a second source so that future requirements may be competed to the maximum extent practicable. The Contracting Office shall publish the notices required by FAR 5.201.

8. Market Research: Market research indicates that only Custom Collagen, Inc. is capable of meeting the Government’s needs. A sources sought (W15QKN20X0A5O) was posted in February 2020 and reposted in February 2021. Additionally, sources within the Government were contacted and research was conducted through internet tools. xxxxxxxxxxxxxxxx responded to the Sources Sought Notice. The Market Survey indicates that xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Small Businesses, are simply resellers of Ballistic Gelatin Powder. They are not manufacturers. Custom Collagen is the only known manufacturer who the Government has procured from in the past and responded to the Market Surveys. Additionally Custom Collagen is a registered Woman Owned Small Business with the NAICS code falling under the SBA list and threshold dictated by the FAR. Only Custom Collagen, Inc (a Woman Owned Small Business) was deemed be capable of meeting the Government’s needs. In addition to the results from Sources Sought notices, xxxx xxxxxxxxxxxxxxx contacted other knowledgeable people (Government and Industry), researched market surveys, conducted internet searches, queried Government databases and did not find any other capable sources.

9. Interested Sources: To date, no other capable sources have written to express interest in the acquisition.

10. Other Facts: There are no other facts.

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: ____ xxxxxxxxxxxxx ________ Date: ___ xxxxxxxxxxxxx _____ xxxxxxxxxxxxx Title: xxxxxxxxxxxxx

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: ______ xxxxxxxxxxxxx __________ Date: ____ xxxxxxxxxxxxx __________

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based upon a price analysis compared to the Independent Government Estimate (IGE).

Signature: ________ xxxxxxxxxxxxx _________ Date: __ xxxxxxxxxxxxx _____ xxxxxxxxxxxxx Title: xxxxxxxxxxxxx

14. Contracting Officer Certification:

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

Signature: ____ xxxxxxxxxxxxx ___________ Date: __ xxxxxxxxxxxxx _______

Approval

Based on the foregoing justification, I hereby approve the procurement of Ballistic Gelatin Powder estimated at $ xxxxxxxxxxxxx on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: Date: xxxxxxxxxxxxx