REDACTED Simplified Acquisition Sole Source Justification - RAM.pdf

CUI

Control No: JA-23-Adel-338

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

CUI 1

Justification Review Document For Sole Source - FAR Part

13.501* (*Format follows FAR 6.303-2, but modified to reflect FAR subpart

13.5 procedures)

Programs/Equipment: US Army Combat Capabilities Development Command (DEVCOM) Analysis Center (DAC) requests new Radar Absorbent Material (RAM) to include installation of new floor absorber, as well as the removal and disposal of existing floor absorber in the [REDACTED].

Authority: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) – Sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Amount: $1,989,619

Prepared by: [REDACTED] DSN: [REDACTED] Electronics Technician Date: 22 MAY 2023 Email: [REDACTED]

Contracting Officer: Phillip Amador DSN: [REDACTED] Contracting Officer Date: 22 MAY 2023 Email: phillip.j.amador.civ@army.mil

Technical:

[REDACTED] DSN: [REDACTED]

Electronics Technician Date: 22 MAY 2023

Requirements: [REDACTED] DSN: [REDACTED] [REDACTED] Branch Chief Date: 22 MAY 2023

Controlled by: US Army Controlled by: ACC-APG

CUI Category: General Procurement & Acquisition Distribution/Dissemination Control: FEDCON

POC: [REDACTED]

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

CUI 2

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

Legal Counsel: [REDACTED]

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: United States (US) Army Contracting Command – Aberdeen Proving Ground (ACC-APG), Adelphi Contracting Division (CCAP-SCA), 2800 Powder Mill Rd, Adelphi, MD 20783

2. Description of Action: US Army Combat Capabilities Development Command (DEVCOM) Analysis Center (DAC) requests a follow-on firm-fixed-price (FFP) contract for Radar Absorbent Materials (RAM), to include disposal of the existing RAM and installation of the new RAM, with ETS-Lindgren Inc., 1301 Arrow Point Drive Cedar Park, TX 78613. The Government projects award for August 2023 and Fiscal Year 2023, 2023- 2024 Funding [REDACTED] funds will be used.

_X_ An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services:

The Government requires new RAM in the [REDACTED] at the DEVCOM Analysis Center (DAC’s) [REDACTED]. The table below provides details on the required RAM.

The contractor shall remove and dispose of the existing Radar Absorbent Material (RAM) flooring in the [REDACTED] at the DEVCOM Analysis Center (DAC’s) [REDACTED].

The contractor shall provide and install new RAM flooring at the [REDACTED] on new pallets (supplied by the contractor) on the chamber floor per the Government’s approved drawing, as well as new absorber provided, which is a walk on material that has RAM installed inside of it with a custom-cut and fit for the positioner [REDACTED].

Part Number Quantity Description

[REDACTED] [REDACTED] [REDACTED]

[REDACTED] [REDACTED] [REDACTED]

[REDACTED]

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

Period of Performance: _August 2023_ to _January 2024_ Total Value: $ _1,989,619.00

[REDACTED]

IGE was derived from ETS-Lindgren Rough Order of Magnitude (ROM) Market Research Quote.

4. Authority Cited: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: This sole-source requirement is justified by 41 U.S.C.

1901(e)(2), implemented by FAR 13.501(a) -- Sole source (including brand name) under the authority of the simplified procedures for certain commercial items. DEVCOM DAC requires new RAM to include installation of new floor absorber, as well as the removal and disposal of existing floor absorber in the [REDACTED].

The RAM material is currently being used in the facility and is integrated into DAC’s proprietary missions and operations on a daily basis. RAM is a special class of material applied to the surface of objects to reduce the radar cross-section and thereby make them harder to detect by radar. Many agencies within the Federal Government use this facility and RAM material and equipment to support experimentation and research activities. The material currently in the chamber was manufactured by ETS-Lindgren. For the performance of the chamber to maintain the same quality, it is required to replace material manufactured from the original equipment manufacturer (OEM). ETS-Lindgren developed the current RAM in the entire chamber; therefore, the government requires the same RAM for continuity and compatibility of the existing wall and ceiling RAM. In order to support the DAC mission, ETS-Lindgren is the only vendor that is capable of providing RAM flooring Material to be compatible with the existing RAM material on the walls and ceiling currently being used.

DAC requires RAM and equipment for continuity and compatibility of laboratory operations and mission completion. Attempting to utilize any other vendors’ RAM and equipment would invalidate the data, causing significant delays to current missions and programs, thereby harming the Government’s efforts. ETS-Lindgren is the OEM and installed the current RAM being used in the facility. Further, ETS-Lindgren holds the proprietary designs and drawings to the secure facility in which the missions and operations occur.

The RAM needs to be compatible with the existing RAM to ensure all data collected is accurate for further experimentation and decision making.

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

As described at FAR 13.501(a), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

It is determined that ETS-Lindgren is the only vendor that is capable of providing the Government with the RAM since only the floor is being replaced and it is imperative that the flooring be compatible with the existing RAM on the walls and the ceiling. To ensure continuity with the current RAM, the Government is requiring the same manufacturer who uses the two-step process guaranteeing the same level of performance in the RAM.

The subject RAM replacement will ensure DAC has an added capability to augment techniques and chamber capacity toward an ever-expanding customer base. The upgrade is needed to ensure DAC maintains a state-of-the-art anechoic chamber.

ETS-Lindgren uses a proprietary formulation when manufacturing the required RAM.

Only ETS-Lindgren provides the two-step process for higher performance consistency.

Urethane foam block is first compressed and submerged in a mixture of dielectrically matched conductive carbon suspended with a mixture of neoprene latex. The foam absorbs the carbon-neoprene mixture, permeating the foam cells and ensuring complete distribution. The second step utilizes a solution of fire-retardant materials. It allows the absorber to be uniformly impregnated, giving rise to its consistent RF performance over a broad frequency range. The other companies do not compress then submerge which does not give the Government the performance consistency. ETS-Lindgren is the OEM and provides the government with the proper compatibility of the existing RAM (the walls and ceiling.)

Attempting to acquire RAM from another manufacturer or attempting to switch manufacturers would lead to increased lead times, potential security issues or faulty data sets resulting in lost man-hours as experiments would need to be redone. If a different vendor is selected, researchers would have to recharacterize the chamber, which is anticipated to take several months causing daily, weekly, and monthly testing of missions to be postponed or cancelled resulting in failed missions DAC requires RAM from ETS- Lindgren for continuity and compatibility of laboratory operations and mission completion.

Attempting to utilize any other vendors’ RAM would invalidate the data, causing significant delays to current missions and programs, thereby harming the Government and the extensive research and testing that has already been completed the last ten plus years. [REDACTED]. The acquisition of other RAM would require replacement of the entire chamber and result in a significantly higher cost to the government, [REDACTED].

The acquisition of anything different ETS-Lindgren RAM would require replacement of the entire chamber and result in a significantly higher cost to the Government.

Based upon the aforementioned, ETS-Lindgren is the original equipment manufacturer and the only company that can provide and install the new required floor absorber and remove and dispose of existing floor absorber in the anechoic chamber that is compatible with the existing chamber and fulfills all of the Government’s requirements.

If this procurement does not get approved acquiring RAM from another manufacturer or attempting to switch manufacturers would lead to increased lead times, and faulty data

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM sets resulting in lost man-hours as experiments would need to be redone. Researchers would have to recharacterize the chamber, which is anticipated to take over a year causing, daily, weekly, and monthly testing of missions to be postponed or cancelled resulting in failed missions. Attempting to utilize any other vendors’ RAM would invalidate the data, causing significant delays to current missions and programs, thereby harming the Government and the extensive research and testing that has already been completed [REDACTED]. It is determined to be in the best interest of the Government to issue a sole source contract to ETS-Lindgren

6. Efforts to Obtain Competition:

a. The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. An Intent to Sole Source Synopsis was posted on SAM.gov on 31 May 2023 and closed on 16 June 2023. To date, no interested party has expressed interest.

b. Because this is a sole source action, effective competition is not applicable. Any known sources that can provide the requirement will be sought for competitive interest.

However, because this is a sole source action, effective competition is not applicable.

7. Actions to Increase Competition: DAC will continue to pursue web searches and hold discussions among Government counterparts, researchers, and academia to help identify other sources that can provide RAM that will work seamlessly with the current Government infrastructure. Moving forward, DAC will continue to use OEM products by ETS-Lindgren until a potential alternative source is identified. If DAC determines that another brand could operate with their current infrastructure, DAC will explore the possibility of competition for future requirements.

8. Market Research: Market Research was conducted June 2022 – April 2023 by Electronics Technician, DEVCOM Analysis Center, RF Threat, and Special Programs Branch, with 6 years’ experience. Market research involved using Government databases, GSA, and internet searches. Market research determined there is only one

(1) company, ETS-Lindgren, that can provide the required Radar Absorbent Materials (RAM). There is another company, Microwave Vision Group, that provides Radar Absorbent Materials (RAM), but the RAM Microwave Vision Group doesn’t have casters at the bottom of their pallets, and although they use AEP Broadband series pyramidal absorbers, overall, their system does not use the unique 2-step impregnation process to maximize carbon distribution uniformity to achieve higher performance consistency for better fire resistance, a proprietary formulation used by ETS-Lindgren.

9. Interested Sources None

10. Other Facts: a. Procurement History

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

Contract: W911QX10P0411 Contractor: ETS-Lindgren Title: RAM Replacement Award Date: 23 July 2010 Delivery Date: 20 August 2010 Dollar Value: $21,552.00 Competitive Status: Sole Source

b. Other Facts: N/A

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

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.

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.

Signer’s Title: [REDACTED]

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

__ Cost analysis _X_ Price analysis __ Should-cost

X_ IGE

__ Audit:

__ Other:

As a part of this basis, certified cost or pricing data:

__ will be required.

X_ will not be required and the following exception applies (FAR 15.403):

__ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

X_ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contractor: ETS-Lindgren Inc.

Supply/Service: Replacement of floor RAM

Approval

Based on the foregoing justification, I hereby approve the procurement of New RAM to include installation of new floor absorber, as well as the removal and disposal of existing floor absorber in [REDACTED] for the estimated cost of $1,989,619 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2) as implemented by FAR 13.501, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.