Tab 1 EOD Bomb Suit Ceiling Increase CA signed (002).pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

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Was a J&A approved for the preceding acquisition? Yes No

! ! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at AFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $750K > $750K and < $15M > $15M and < $100M > $100M

Contracting Activity: 772 ESS/PKD

Purchase Request (if available):

Program / Project (and PE, if applicable): Explosive Ordinance Disposal (EOD) Bomb Suits IDIQ

Program Type (PEO, Enterprise, of Operational): Enterprise

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $ 4,946,375 J&A Type: Class Individual

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

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Date

29 Mar 2022

Program Manager Mitchell Shimmel

AFCEC/CXD / 523-6462

Signature

X

Date

29 Mar 2022

Contracting Officer Eric A. Punjabi

772 ESS/PKD / 523-6570

Signature

X

Date

29 Mar 2022

Local Legal Reviewer Karen S. White

AFMC AFIMSC/JAQ / 523-6575

Signature

X

APPROVAL ( AFFARS 5306.304(a))

Date

21 Apr 2022

Competition Advocate Anthony W. Everidge

AFMC HQ AFICC/CA / 787-1900

Signature

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 5April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 5

I. Agency and Contracting Activity.

772 ESS/PKD AFMC/AFIMSC/AFICC

139 Barnes Drive, Suite #1 Tyndall AFB, FL 32403

II. Nature and/or description of the action being approved.

This action will modify the existing firm fixed price 5 year IDIQ to increase the ceiling of the EOD Bomb Suit IDIQ contract FA805118D0001 from $26.5M to $31.446M.

III. Description of supplies/services required to meet agency needs (including the estimated value).

The increase in the contract ceiling is necessary to ensure that the entirety of EOD Enterprise is outfitted with the EOD-10 bomb suits. When the contract was first awarded, the EOD community was originally only required to outfit active duty units, but now has a need to also supply the Air Force National Guard and Air Force Reserve as well. Therefore, it has now become necessary to increase the ceiling of this contract to allow the entire EOD Enterprise to reach full operational readiness.

Orders may be placed against this contract until 13 March 2023.

Funding for this requirement is O&M (3400) appropriations. However, the customer has declared the need to provide some bomb suits for AFCENT in 2022, and identified that need as AFCENT OCO funds.

The CLIN Structure for the IDIQ is as follows:

0001 - Bomb Suit (Small) 0002 - Bomb Suit (Medium) 0003 - Bomb Suit (Large) 0004 - Bomb Suit (Extra Large) 0005 - Bomb Suit (Helmet) 0006 - Ensemble Accessories

1. Bomb suit ensemble (helmet, suit, and accessories) that meet the following criteria, the requirements as outlined in National Institute of Justice (NIJ) Standard 0117.01 Public Safety Bomb Suit, dated April 2016 and verified by 3rd party testing.

a. Fragmentation protection that meets standards of protection defined in NIJ Standard 0117.01

b. Outer shell that is flame resistant, including in high wear areas of the suit2. Flame resistant properties shall be in accordance with ASTM Standard D6413-99, 1999, "Standard Test Method for Flame Resistance of Textiles (Vertical Test)," ASTM International, West Conshohocken, PA, 1999, DOI: 10.1520/D6413-99, www.astm.org

2. Suit and helmet available in military green and tan colors.

a. Helmet (with or without additional components) compatible with the standard M50 military filtered air mask and supplied-air respirators

b. Helmet and visor must resist fogging in operational environments defined in NIJ Standard 0117.01.

c. Helmet must be equipped to cycle air from outside of the helmet

d. Integrated cooling system that does not further limit the mobility of the user or decrease the protective properties of the overall ensemble

e. Ensemble donning (including add-on components) within 5 minutes defined in NIJ Standard 0117.01

f. Emergency ensemble doffing (including add-on components) within 1 minute defined in NIJ Standard 0117.01

g. Integrated adjustable lights on helmet in white, red, and blue 3

h. Push-to-Talk and voice emitter functions compatible with current dismounted tactical radio systems including integrated hearing that protects from exposure to elevated sounds

i. Use standard batteries in the suit and/or helmet such as AA, C, or BB-2590 and provide at least 2 hours of operational time

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j. Available suit sizing for the height range of (5'2 to 6'5)

k. Provisions for the attachment of load carrying pouches to thighs, chest, and arms

l. Weigh less than legacy Air Force EOD bomb suits (70 lbs)

m. Provide remote control and monitoring of power, air circulation, volume, and lighting and well as monitoring of battery levels with icons and text for user readability

n. Helmet will have one overall size with adjustable liner for different head sizes and a retention system that secures the helmet when the head is moved in any direction defined in NIJ Standard 0117.01

1. Vendor must provide printed and digital manuals with operational and care/maintenace instructions. All suits will be shipped to the EOD Equipment Maintenance Facility at Hill AFB, UT for inspection and further distribution.

2. Must come with a minimum seven-year shelf-life with detailed rationale as to how the shelf life is determined and criteria for the extension of the initial seven year shelf life.

3. Vendor must be able to provide ensemble maintenance/repair guidance within one week of notification of any malfunction.

The customer has provided the following intended scheduled need for bomb suits:

2022 AFCENT Order - Bomb Suit Order (Includes Helmet and Ensemble), Quantity: 15-18, AFCENT OCO funds: $577,200.00 - $800,000.00

July 2022 O&M Order - Bomb Suit Order (Includes Helmet and Ensemble), Quantity: 55, O&M funds: $2.1M

February 2023 O&M Order - Bomb Suit Order (Includes Helmet and Ensemble), Quantity: 55, O&M funds: $2.1M

IV. Statutory authority permitting other than full and open competition.

FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

(2) When the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

Med Eng LLC was awarded an IDIQ on 14 March 2018 for bomb suit ensembles that meet or exceed all NIJ requirements and Berry Amendment restrictions. At the time of competition, Med Eng was the only bomb suit manufacturer whose proposal met the NIJ requirements as well as Berry Amendment restrictions.

Other bomb suit manufacturers were unable to submit proposals since their products did not meet both NIJ and Berry Amendment requirements as required in the solicitation. Some foreign manufacturers were able to meet the NIJ standards but could not meet Berry Amendment requirements while some U.S. businesses could meet the Berry Amendment requirements but had not yet had their suits certified IAW NIJ standards.

Bomb Suit program replacement is based on a 7 year life cycle. The Government will need to begin replacement of suits purchased in 2018, starting 2024. Award to another manufacturer prior to end of the life cycle of the current suits would be a substantial duplication of training and maintenance costs not expected to be recovered through competition.

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VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

On 04 February 2022 a posting was created on SAM.gov website identifying the Government's intent to increase the ceiling of the IDIQ to meet the current mission requirements. However, within the posting the Government also gave other sources the opportunity and requested that if any other sources have now made themselves capable of meeting all of the requirements to let us know by responding to the post. The synopsis was advertised from 04 February 2022 until 21 February 2022, and no responses were received from any other source.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The purpose this this action is only to increase the ceiling of a pre-existing IDIQ contract where price fair and reasonableness has already been established at time of original award of the IDIQ. The contract administrator reached out to Med Eng to validate that pricing would not be increasing, and their response was that increasing the ceiling would not result in any increased pricing of the bomb suit units.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The market research for this current action was the synopsis posted from 04 February 2022 to 21 February 2022. No responses were received from that posting from any other sources.

From the award of the original IDIQ, market research was based on request for information, exchanges with industry, and internet searches. The results then showed that multiple foreign companies could potentially meet NIJ certifications, but in order for them to meet Berry Amendment restrictions, they would be required to manufacture their bomb suits on U.S. soil, using only U.S. materials. Only one vendor (Garant) expressed interest in moving manufacturing to the U.S. in the future to be able to potentially compete in the next IDIQ, but to date has not relocated their manufacturing operations. The U.S.

businesses that expressed interest in this requirement were able to meet the Berry Amendment requirements, but have not completed the process of getting their products tested and certified in accordance with NIJ standards or else they would have responded to our posting.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

The AF EOD Enterprise has currently fielded 450 units for this requirement. The training per troop on a suit is two classroom hours. There are approximately 1,800 troops to train, and that amounts to 3,600 hours of classroom instruction on the current suit. Fielding another suit would require twice the amount of training and substantial maintenance after every use.

These bomb suits are used in high stress emergency response environments where it is important to understand how the equipment functions. Having multiple suits for the current life cycle complicates employment during responses and improper wear of a bomb suit could result in serious injury or even death. After completion of a full seven (7) year fielding plan of the EOD-10 enterprise acquisition, the EOD career field will pursue a full and open competition.

X. List of any sources that expressed, in writing, an interest in the acquisition.

For the current action, only Med Eng LLC.

Historically:

- Morgan Advanced Materials - Tested in accordance with NIJ standards, but not currently NIJ certified and does not meet Berry Amendment (Foreign Company).

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 5

- Garant Sicherheitstechnik AG - Tested in accordance with NIJ standards, but not currently NIJ certified and does not meet Berry Amendment (Foreign Company).

- Nexus Defense - Not currently NIJ certified and does not meet Berry Amendment (Foreign Company).

- Ambitec, Inc. - Not currently NIJ certified and meets Berry Amendment (U.S. company, joint venture with Safe-Pro USA LLC).

- Safe-Pro USA LLC - Not currently NIJ certified and meets Berry Amendment (U.S. company, joint venture with Ambitec, Inc.).

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

After this seven (7) year shelf life is complete, which would be 2024, the Air Force EOD community as previously mentioned they would pursue full and open competition. When recompeting this IDIQ, it is the CO's intention and hope that more companies would have pursued either certification or Berry Amendment qualifications, whichever they previously lacked, and open up competition for the requirement. However, until that happens Med Eng would remain the only responsible source that we are currently aware of based on responses received to the numerous and current advertised postings for the requirement. Alternatively, the CO may also consider pursuing a request for a domestic nonavailability determination at the agency secretary level to waive the Berry Amendment requirements for the next bomb suit IDIQ.

As for this $5M ceiling increase action, the CO will post the J&A on SAM.gov for 30 days in accordance with FAR 6.302-1(d) and will only release the action for execution after the 30 day period has closed. This will be done to further give any interested source opportunity to provide their rationale for meeting bomb suits that meet all of the requirements as currently outlined.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below. Remove the IACR pages below.

April 2021 Page of International Agreement Competitive Restrictions (IACR) Page of April 2021 Was a J&A approved for the preceding acquisition?

!! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined at AFFARS 5302.101?

Dollar Value of this Acquisition:

J&A Type:

!! Provide estimated cost of all contracts.

COORDINATION ( AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

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APPROVAL ( AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the "Dollar Value of this Acquisition" selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Agency and Contracting Activity.

II. Nature and/or description of the action being approved.

III. Description of supplies/services required to meet agency needs (including the estimated value).

IV. Statutory authority permitting other than full and open competition.

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

X. List of any sources that expressed, in writing, an interest in the acquisition.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template I. Agency and Contracting Activity.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2)) State whether the action is a new contract or a modification to an existing contract (identify contract number) and identify the contract type planned (e.g., firm-fixed-price, cost-plus-incentive-fee, hybrid etc.). If exception 2 is cited (unusual or compelling urgency), include the date of UCA/contract/modification issuance and amount.

For class J&As, where the number of contracts in the class can be identified: Provide the nature and/or description of each contract action and contract type. If the same information applies to more than one contract, it need only be stated once.

III. Description of the supplies/services required to meet agency needs (including the estimated value).

(FAR 6.303-2(b)(3)) Describe the supplies and/or services to be acquired and include the total estimated value of the acquisition and, for class J&As, by contract action, and the estimated periods of performance.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated J&A dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4)) 10 USC 2304(c)(?) (see Note 1), as implemented by FAR 6.302-? (see Note 2), and required by FAR 6.303-2(b)(4).

Note 1: Complete the 10 USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A. Do not provide more than one citation.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class must fall within the same statutory authority.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above. (FAR 6.303-2(b)(5)) Provide an explanation to support the use of the authority cited. The explanation should tie back to the conditions described in the FAR for using the particular authority cited.

A. Only One Responsible Source (FAR 6.302-1) (DFARS 206.302-1 and DFARS PGI 206.302-1) When using this authority, thoroughly describe the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired), and why no other type of supplies or services will satisfy the agency requirements. This authority shall be used, if appropriate, in preference to the authority in FAR 6.302-7. This authority shall not be used when any of the other authorities apply.

For example, in the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies.

In accordance with DFARS 206.302-1(c)(2) Application for brand-name descriptions. Notwithstanding FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions.

B. Unusual and Compelling Urgency (FAR 6.302-2, DFARS 206.302-2, and DFARS PGI 206.302-2) Contracting Officers must notify SAF/AQC as soon as practicable when contemplating the use of this authority for a J&A requiring SPE approval.

Provide an explanation why (1) the supplies or services are needed at once and/or (2) essential equipment or repairs to that equipment are needed at once to preclude the ability to meet critical mission needs of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need (JUON), Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception. In addition, the period of performance may not exceed one year, including all options [FAR 6.302-2(d)(ii)]; thus, the inclusion of options, when using this authority, is not advised.

Note: This statutory authority requires that agencies request offers from as many potential sources as is practicable under the circumstances.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3) Justifications citing this authority must demonstrate the need to establish or maintain an essential capability, or a contract for supplies or services incidental to establishing or maintaining an essential capability, possessed by the identified source(s). Some form of market survey must support the need to establish or maintain the capability being procured.

D. Authorized or Required by Statute (FAR 6.302-5) Identify what is being acquired and the applicable statute authorizing other than full and open competition in accordance with FAR 6.302-5(b).

Note: Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6) This authority may be used for any acquisition when disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified material will be necessary to submit a proposal or to perform the contract. Full and open competition need not be provided for when the disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. This statutory authority requires that agencies shall request offers from as many potential sources as dis practicable under the circumstances.

F. Public Interest (FAR 6.302-7 and DFARS 206.302-7) The use of this authority requires a written Determination and Finding (D&F) in accordance with FAR 1.7 in lieu of J&A. The D&F shall not be made on a class basis.

This authority may only be used when none of the other authorities apply. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies. (FAR 6.303-2(b)(6)) Describe all efforts taken, or to be to be taken, to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although market research is covered in Section VIII, the information in Section VI should correlate with the market research described in Section VIII. To ensure completeness, it is best to provide information such as the following:

If a sources sought synopsis or an RFI was issued, provide the date the synopsis was issued along with a brief description of its content. Identify the number of responses received, the results of the screening process, and the rationale for determining the unacceptability of any respondents. Note: An RFI or Sources Sought Synopsis is mandatory IAW DFARS PGI 206.303-2(b)(i) when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”.

Specify whether this acquisition will require a Notice of proposed Contract Action (NOCA) IAW FAR 5.201 and if not, provide the exception IAW FAR 5.202. If a NOCA was or will be publicized provide the dates or expected dates of publication of the NOCA. Address any other actions taken or planned to facilitate competition for this acquisition.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7)) Provide the basis for this determination.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8)) Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If market research was not conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i)) X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10)) If a sources sought synopsis or RFI was issued and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required. (FAR 6.303-2(b)(11)) If no actions are planned, provide rationale (i.e., sole-source to OEM, unable to compete due to inability to procure data rights, etc.) IAW DFARS PGI 206.304(a)(S-70)(ii), for a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a J&A citing the authority at FAR 6.302-1. Include a copy of the previous J&A and include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions; and The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see DFARS 206.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12)) As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c)) As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”.

The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer.

(AFFARS 5306.302-4)

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.

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