Sole Source Justification_AEGIR_Redacted.pdf

JA No. 20-029

Sole Source Justification Under the Authority of the FAR 13.5 Simplified Procedures for Certain Commercial Items

41 U.S.C. 1901

Justification for Other Than Full and Open Competition

FAR 13.501

Authority: (41 U.S.C. 1901)

Project/Program Name: Aegir-38 Maritime Dive-Able Plate Carrier

Component/PEO/Other: Naval Special Warfare Command Estimated Contract Cost (including options): $1,000,000.00

Type: (Individual or Class )

JA No.

20-029

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

Agency: USSOCOM

Contracting Activity: Naval Special Warfare Command – N01C

2000 Trident Way, Bldg. 624

San Diego CA 92115-5599

2. Description of Action: (FAR 6.303-2(b)(2))

Approval is being requested for a contract modification to increase the contract maximum/ceiling of H92240-16-D-0032, with First Spear, Inc. by $1,000,000; from a maximum contract value of $2,500,000 to $3,500,000. The current contract Period of Performance (PoP) ending 01 September 2021 will remain unchanged.

The basic contract was awarded on a Sole-Source basis (under JA# 16-804) for the acquisition of supplies and services to purchase, support and maintain the Aegir-38 Maritime Dive-able Plate Carrier with First Spear, LLC. The ability to utilize this contract, as the Aegir-38 Maritime Dive-able Plate Carrier is the only integrated plate carrier and life preserver system

Per FAR 13.501, post on FBO within 14 days after contract award, or within 30 if based on urgency (unless a 5.202 exception applies).

If citing brand name post with solicitation.

Authorized for Navy Use (ANU), is critical for NSW to maintain mission and operational readiness.

An increase in demand for the Aegir-38 Maritime Dive-able Plate Carrier has resulted in a much higher ceiling burn rate than anticipated at the time of the original award. The Government anticipates orders reaching the current ceiling in the fourth year versus the five year period of performance planned. For this reason, the proposed action requests an increase of $1M to the current ceiling in order to meet this unanticipated demand. Total ceiling price with this increase will be $3.5M.

There are $130,000 in orders anticipated in the current 3rd option year period (FY20) that exceed current capacity ($70,267). Looking ahead to FY21 (Option Period 4), additional orders will be required to meet mission/operational requirements to include:

(1) Replenishment of depleted inventory to appropriate levels

(2) Replacement of inventory purchased under the base year of this contract that have reached their end of life cycle.

Capacity up to $1,000,000 is requested should funding become available for a substantial replenishment/replacement of the AEGIR-38 Maritime Dive-able Plate Carrier across all NSW command units.

Base Year Option Period 1 Option Period 2 Option Period 3 Option Period 4

31 Aug 2016

– 1 Sept 2017

31 Aug 2017 – 1 Sept 2018

31 Aug 2018 – 1 Sept 2019

31 Aug 2019 – 1 Sept 2020

31 Aug 2020 – 1 Sept 2021

Original Estimate $1,250,000.00 $400,000.00 $200,000.00 $400,000.00 $250,000.00 $2,500,000.00

Actual Usage $1,737,186.82 $113,342.36 $324,286.72 $254,916.88 $2,429,732.78

Capacity Remaining $70,267.22 Anticipated Usage X X X $130,000.00 $940,267.22 $1,070,267.22

Increased Capacity Requested $1,000,000.00

The contract terms and conditions, as well as the negotiated firm-fixed contract pricing will remain unchanged.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

This requirement is for the Aegir-38 Maritime Dive-Able Plate Carrier. The Aegir-38 Maritime Dive-Able Plate Carrier is a diver-worn load bearing equipment plate carrier with integrated Life Preserver and Buoyancy Compensator. It is an integrated, modular life preserver/BC/armor carrier system, with means for reconfiguring the system to suit various mission sets, and means for removing and replacing individual components for repair. Users must be able to don or doff the system as a singular, integrated device that is Approved for Navy Use (ANU) as well as maintenance, material updates and training.

4. Authority Cited: (FAR 6.303-2(b)(4))

This action is being conducted under the authority of the simplified acquisition procedures for certain commercial items at 41 U.S.C. 1901, as implemented by FAR 13.501(a) and under FAR 6.302-2(a)(1), only one source and no other supplies will satisfy agency requirements.

5. Reason for Authority Cited: (FAR 6.303-2(b)(5)) This action is necessary to meet the requirement to equip NSW personnel with the Aegir-38 Maritime Dive-Able Plate Carrier.

First Spear LLC’s AEGIR-38 Maritime Dive-Able Plate Carrier is the only ANU listed item (see Attachment 1) capable of fulfilling the Naval Special Warfare Command’s Requirement for an integrated plate carrier and life preserver system. Life preservers provide emergency ascent capability and are designed to float an unconscious diver in a face up position on the surface and are mandatory for certain semi closed and closed-circuit underwater breathing apparatuses. Such a system enables SEAL units to train and deploy in a Fully Mission Capable (FMC) Mode by providing capabilities that are essential and that allow operators to dive IAW applicable Tactics, Techniques and Procedures.

Secretary of the Navy as the Department of Defense (DoD) executive manager for Joint Military Diving Technology and Training (MDT&T). OPNAVINST 3150.27 (Series), Navy Diving Program requires the Office of the Director of Ocean Engineering, Supervisor of Salvage and Diving (SUPSALV), NAVSEA OOC, to prepare and publish a list of diving equipment Authorized for Military Use (AMU). NAVSEAINST 10560.2E is the Navy specific instruction regarding equipment AMU. SUPSALV'S Diving Program Division is the U.S.

Navy and DoD diving technical authority, tests and evaluates prototype and COTS/NDI equipment, and maintains the Diving Equipment Authorized for Navy Use (ANU) list. This list includes diving equipment, tools, and accessories which have undergone design safety reviews, testing and evaluation to ensure diver safety and acceptability. The items being procured are considered Category 1 Life Support Diving Equipment. Category 1 equipment provides for a safe, controlled environment for divers by satisfying the life support requirements of the intended diving operation.

The Aegir-38 Maritime Dive-Able Plate Carrier has undergone extensive evaluation based on the requirements originally published for industry response during January, 2015. The Aegir-38 Maritime Dive-Able Plate Carrier was authorized for military use in December of 2014 and since that time has had exceptional operational performance.

First Spear, Inc. is the manufacturer and exclusive distributer of the Aegir-38 Maritime Dive- Able Plate Carrier.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6))

A synopsis will be posted per FAR 5.203(a)(1)

7. Market Research: (FAR 6.303-2(b)(8))

Market research was conducted in July of 2020. Research included internet searches and a review of past procurements. The results concluded that the Aegir-38 Maritime Dive-Able Plate Carrier is the only product currently on the ANU that meets NSW requirements.

In the future, there may be additional sources in the commerical marketplace that offer viable Maritime Dive-Able Plate Carrier solutions, and/or solutions that could be modified to meet NSW requirements. However, for this action to increase contract capacity, such potential solutions are unacceptable from an operational and cost perspective. The effort required to re-solicit, award, and certify another solution would require significant time and cost, pushing beyond Sept 2021. It would require extensive testing to obtain an ANU. Historically, it has taken an average of one (1) year for a product to undergo the testing and certification process necessary to obtain in ANU, which does not account for the time to go through the procurement process. It would also result in multiple confiurations of a critical safety system which requires extensive operator training and logictical support all of which would create unacceptable delays and substantial duplication of cost not anticipated to be recovered through competition to the Government. NSW has an immediate need for a certified integrated plate carrier and life preserver system ANU, and only Aegir-38 currently meets those requirements.

NSW will continue to monitor the marketplace for viable solutions when conducting Market Research for any follow-on contracting requirements.

8. Interested Sources: (FAR 6.303-2(b)(10)&(11))

Only one source and no other supplies will satisfy agency requirements. A redacted J&A will be posted with the synopsis per FAR 6.305(a).

9. Other Authorities/Factors: (FAR 6.303-2(b)(9))

Only one responsible source and no other supplies or services will satisfy agency requirements.

10. Technical and 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:

NAME: ON FILE TITLE: ON FILE

SIGNATURE: ____ ON FILE ___________________ DATE: _________________

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on analysis conducted per FAR 13.106 as supplemented by

FAR 15.4.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification:

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

NAME: ON FILE TITLE: Contracting Officer

SIGNATURE: ______ ON FILE _________________ DATE:

13. Component Competition Advocate: SOFARS 5601-1

I have reviewed this document and find the Justification legally sufficient to support other than full and open competition:

NAME: ON FILE TITLE: Chief of Contracting, N01C Division 1

SIGNATURE: ____ ON FILE ___________________ DATE:

14. Legal: SOFARS 5601-1

I have reviewed this document and find the Justification legally sufficient to support other than full and open competition:

NAME: ON FILE TITLE: _Legal Counsel_______

SIGNATURE: ______ ON FILE _________________ DATE: _________________