SPRRA223R0065_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION NUMBER: SPRRA2-23-R-0065

PROGRAM/PROGRAM ELEMENT: Bradley Weapon System

PROGRAM COST ESTIMATE:

AUTHORITY: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) TYPE J&A: Other Than Full and Open-Individual

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the US Tactical Aviation and Ground Munitions (TAGM) Project Office. The contracting authority for this requirement is Defense Logistics Agency (DLA) Strategic Acquisitions Program- Huntsville, Alabama, DLA/AHCB. The Purchase Request Order Number (PRON) supporting this contracting action is forthcoming and will be initiated as Request for Proposal (RFP) SPRRA2-23-R-0065.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to the circumstances described herein, this activity requests authority to acquire the items listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1(a)(2), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This action will result in the award of a new contract, which will be a firm-fixed price, One Time Buy (OTB) type contract. This requirement will be solicited from the following source:

Flight Suits (Doing business as Gibson and Barnes) 1900 Weld Blvd, Ste 140 El Cajon, CA 92020-1682

CAGE: 2S951 NAICS: 315990

Small Business

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The Government proposes to acquire on a One Time Buy (OTB) contract, the items listed in the Table below, with an estimated Unit Price of each applicable to the Bradley Weapon System. The estimated contract value is

. Funds to be used will be Operation and Maintenance (O&M) type funding.

The following is the Basic Requirement: Unit price estimates are derived from the Fair Market Value (FMV).

NSN P/N QTY UNIT PRICE TOTAL

PRICE

Ordering Period

8415-01-694-1162

1050703-3

240 DACA

8415-01-694-1164 1050703-5

8415-01-694-1165

1050703-7

8415-01-694-1169

1050703-9

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF

THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE

The TAGM Program Office has urgent need for Bradley Fighting Vehicle Cooling Vest manufactured by only one approved source. The TAGM Office has utilized Gibson-Barnes to design, produce, and maintain USG’s current on hand stock. Gibson-Barnes is currently the only qualified sole source supplier for the Army’s Cooling Vest.

Gibson-Barnes proprietary technologies developed and has produced these cooling vests. Gibson-Barnes has been a long time Government producer of these vests. Gibson-Barnes holds that data rights to these vests and these data rights ensure the weight and performance requirements are met. Gibson-Barnes is the only firm capable of providing the supplies and services described in Section III above without the warfighter experiencing substantial delays due to the time it would take to develop, produce and qualify another vendor, TAGM engineering team estimated that it would take 18 to 24 months to fully develop, test and field the current need. This would be a crippling delay for our users of the Bradley Fighting Vehicle and an un-needed cost to the Government for a company to construct a cooling vest to meet the USG requirements. Currently, there are no COTs colling vests that are in the correct form, fit and/or factor/performance on the market that can meet this need of the Government.

Accordingly, Gibson-Barnes, is the only firm capable of providing the supplies and services described in Section III above without the warfighter experiencing substantial delays in replacement colling vests due to the time it would take to develop, produce and test a similar vest for use, that TAGM engineering team estimated would take 18 to 24 months to fully develop, test and field the current need. This would be a crippling delay for the services that use the Bradley weapon system and an un-needed cost to the Government for a company to develop a similar colling vest that already exists and is available. Also, if another company is chosen to develop a colling vest, there will be a loss of hand in hand knowledge between the current company, Gibson-Bradley, and the Government, and the loss of cohesiveness and foresight of the Government’s future needs will be lost.

This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source require acquisition of the part form the approved source. The approved source retains data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part.

The approved source has the unique design capability, engineering skills, and manufacturing knowledge to produce this item.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

This requirement will be synopsized on System for Award Management (SAM.gov) as required by FAR 5.201. The extent of competition anticipated is the source identified in Section II of this document. In an effort to obtain maximum competition, the synopsis will encourage firms that recognize and can produce the item described in Section III of this document to identify themselves. Any source who responds to the Government as a result of the posted synopsis will be identified to the prime contractor as a potential for subcontracting possibilities. The synopsis encourages firms to seek source approval in order to compete for future solicitations by contacting the TAGM Program Office.

A Sources Sought was issued on 18 April 2023 and closed on 21 April 2023 with one response. The responding vendor was sent a packet to become a possible Government source and the responding vendor’s information sent to the TAGM Program Office for review.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO

THE GOVERNMENT WILL BE FAIR AND REASONABLE

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403- 4, the contractor will be required to provide non-certified cost and pricing data to be used in supporting the Government’s evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material, other direct costs, and direct and indirect rates will be negotiated by the DLA contracting office and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15 ensuring the ultimate cost to the Government is fair and reasonable.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR

STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED

Due to the limited competitive nature of the required item, no external survey was conducted. Market research as defined in far 10.001 was conducted. This is an un-programmed requirement. It has been determined that the government's needs cannot be met by an item available in the commercial marketplace; therefore, FAR Part 12 will not be used.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

The TAGM Program Office has determined that this is a critical need that must be immediately met. This part can only be broken out to sources that have demonstrated the technical ability to produce this item, including possession of the necessary inspection/test equipment and manufacturing technology. Sources must be approved prior to being awarded a contract for this item. Source approval request have been reviewed and there are no approved sources other than those listed in paragraph 2.

Gibson-Bradley’s background in this type of work has generated extensive internal knowledge and experience specifically with the Bradley system. This experience will greatly enhance future production of the Environmental Cooling Vests (ECV) and Gibson-Bradley has a proven track record developing and producing Environmental Cooling Vests (ECV) for military application. This includes every ECV for the Bradley system in the field.

This OEM is not willing to sell data rights to the Government, which means the technical data package, specification, and engineering description suitable for Full and Open Competition cannot be developed without reverse engineering. The Government has determined that reverse engineering is cost prohibitive.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION

To date, only one source, Capewell Aerial Systems, Cage code: 71304, have expressed any interest to our sources sought notice.