J&A_Other_than_Full_and_Open_-_Protonex.pdf

FOR OFFICIAL USE ONLY

June 2017 FOR OFFICIAL USE ONLY – J&A No. __-___

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A) Document Template

June 2017

June 2017 FOR OFFICIAL USE ONLY – J&A No. __-___

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

Preparation of this document is the responsibility of the Requiring Activity Official (RAO) via close coordination with the supporting contracting organization.

ALL AREAS ARE MANDATORY AND MUST BE COMPLETED

Authority: (10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1)

Project/Program Name: Protonex Power Management

Component/PEO/Other: AT&L – S&T – TALOS

Estimated Contract Cost (including options) : Less than $25,000.00

Type J&A: (Individual or Class )

J&A No.

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

USSOCOM AT&L/KW; 7701 Tampa Point Blvd, MacDill AFB, FL 33621

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

Purchase, development, and assembly of four (4) Halo Power Distribution Managers for the Tactical Assault Light Operator Suit (TALOS) Power Enclosure system.

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

This purchase will replace four (4) Power Distribution Managers (PDM) that were broken during a TALOS testing event. The PDMs were developed and delivered as part of the overall TALOS power system under contract H92222-15-C-0004 from Protonex Technology Corporation. Because its contract is no longer active, this purchase will be made as a follow on, sole-source purchase. The estimated value is less than $25,000.00.

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

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

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

As the original PDM units were designed and delivered by Protonex, the greatest assurance in receiving acceptable replacement PDM units without schedule slippage is to procure the units though Protonex. Since they have successfully delivered PDM on its H92222-15-C-0004 contract, the TALOS Program Manager seeks to mitigate risk to a schedule slip in the TALOS power Functional Area. Opening this procurement up to an

June 2017 FOR OFFICIAL USE ONLY – J&A No. __-___ entire market would elongate the current schedule and potentially further delay the TALOS efforts if another contractor besides Protonex were selected for award.

Additionally, awarding this contract to another contractor would cause unnecessary and burdensome Program Management resources in building relations, kick-off meetings, question and answering sessions, and design feedback for the PDM units.

The Government anticipates saving approximately $8,500.00 over the life of this expected effort by awarding to Protonex. This amount is calculated by the cost of Government personnel furnishing the design information to a new contractor, answering questions regarding fabrication of the boards, and integrating a new contractor’s delivery schedule with the other contractors performing within the TALOS Power Functional area over the next three months, and loss of continuity.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

A presolicitation notice was or will be publicized as required by FAR 5.2. If a notice will not be or was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was: FAR 5.202(a)(13)

As this contract action will support overall TALOS integration for early 2019, we do not have any further need for replacement PDMs.

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

Protonex submitted against the USSOCOM Broad Agency Announcement with a novel approach to design a power enclosure that could meet the TALOS system requirements.

Because the power systems Protonex developed are custom to the TALOS program, no other contractor could readily deliver replacement parts to the system without expending many resources in reviewing the current design and troubleshooting PDM fabrication.

Although other companies exist with the properly skilled workforce and equipment to perform similar work as Protonex, none of these companies have been as intimitely involed in the TALOS power development and could not reliably deliver replacement parts for the current TALOS power enclosure. Thus, opening up this requirement to other companies would likely result in an unfair competitive advantage to Protonex.

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

The overall dollar value of this effort does not merit much opportunity for other companies in Protonex’s market considering that a significant amount of time and resources would be required to understand the current TALOS power enclosure design and to integrate these replacement parts into the TALOS system.

9. Interested Sources: (FAR 6.303-2(b)(10))

Because of the dollar value, no other sources were sought for this replacement.

June 2017 FOR OFFICIAL USE ONLY – J&A No. __-___

10. 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. The reasonableness will be determined by comparision to costs previously negotiated and determined fair and reasonable on contract H92222-15-C-0004.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

11. Contracting Officer Certification: (FAR 6.303-2(b)(12))

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

NAME: John A. Kenney, Capt, USAF TITLE: Contracting Officer

SIGNATURE: _______________________________ DATE: ____25 Sep 18____