W15P7T-24-D-0006 Redacted JA_Redacted1.pdf

CUI//SP-SSEL

Control Number:

(Source Selection Information - See FAR 2.101 and 3.104-4)

Justification and Approval for Other than Full and Open Competition � FAR Part 6

1. Contracting Activity: U.S. Army Contracting Command- Aberdeen Proving Ground (ACC-APG, DIV B), 4310 Boothby Hill Ave, Aberdeen Proving Ground, Maryland 21005-1846

2. Description of Action: The United States Army Contracting Command at Aberdeen Proving Ground (ACC-APG), on behalf of the Communications-Electronics Command (CECOM) Integrated Logistics Support Center (ILSC), Combat Aviation Power Directorate (CAPD) proposes to issue a follow-on five-year Indefinite Delivery/Indefinite Quantity (IDIQ), firm fixed price contract with Elbit Systems of America (CAGE Code:

13567, Address: 635 PLANTATION RD. ROANOKE, VA 24019-3222) with a ceiling of

. This effort will utilize Base Operations and Maintenance, Army (OMA) funding. The anticipated award date for this follow-on effort is September 2024. This action is a follow-on to contract W56JSR-17-D-0017, which was awarded under authority FAR 6.302-1 (10 U.S.C. 2304 (c)). The previous contract�s procurement history is addressed in Section 10 below. See paragraph 10a of this Justification and Approval (J&A) for the full narrative included in paragraph 7-Actions to Increase Competition, of the previous J&A, approved by the then ACC-APG Competition Advocate. Based on an analysis of that previous paragraph 7, this J&A does not require one-level above approval authority elevation in accordance with DFARS 206.304 and PGI 206.304 for a failure to complete planned actions.

3. Description of Supplies/Services:

The Government�s overall requirement is for a contractor capable of immediately providing qualified and experienced personnel, materials, parts, equipment, and facilities necessary to repair AN/PSQ-20 and AN/PSQ-20As and support achievement of the Department of the Army established readiness objective of 90%. Test and Inspect (T&I), lay-in material, and repair services that are essential services to restore the Government AN/PSQ-20 and AN/PSQ-20A assets to a serviceable condition are included.

The Night Vision Device: AN/PSQ-20/AN/PSQ-20A, is a modular, monocular, field configurable, passive, electro optical night and day vision device. The Enhanced Night Vision Goggle (ENVG) is a helmet mounted passive device for the individual soldier that incorporates image intensification and long wave Infrared (IR)/thermal sensors for night and day operations. The ENVG optically combines an image intensification and next generation IR image, allowing for improved mobility and situational awareness through clear target identification and improved target detection. The ENVG allows the warfighter to detect man sized targets at ranges 50 to 300 meters.

The total best estimated quantity (BEQ) value of this proposed action is spanning a five-year ordering period as shown below:

4. Authority Cited: 10 United States Code (U.S.C.) § 3204(a)(1) as implemented in Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(A)/6.302-1(a)(2)(iii)(A), Substantial duplication of cost to the Government that is not expected to be recovered through competition and FAR 6.302- 1(a)(2)(ii)(B)/6.302- 1(a)(2)(iii)(B), Unacceptable delays in fulfilling the agency�s requirements.

5. Reason for Authority Cited: The proposed source for this action is Elbit Systems of America (Elbit). Elbit provided the requirements under contract W56JSR-17-D-0017 on a sole source basis, and remains the only capable source that services the non-developmental items (NDI) AN/PSQ-20 and AN/PSQ-20A.

6. Efforts to Obtain Competition: CECOM ILSC and ACC-APG have conducted extensive market research in accordance with FAR Part 10, the results of which are discussed in paragraph 8 below. The market research, which was conducted within the past 12 months, did not yield any additional sources that can meet the Government�s requirements. There is no competition anticipated for this acquisition. This included posting a Sources Sought Notification on the SAM.gov website to stimulate industry interest and introduce competition. In accordance with FAR 5.201, the proposed contract action has been synopsized on SAM.gov and any responses that are received will be considered prior to the contract award. In accordance with FAR 6.305(a), the J&A will be posted to SAM.gov within 14 days.

a. Effective competition: All market research has indicated that Elbit is the only source who can provide the required services at this time without either an unacceptable delay, or substantial duplication of costs not expected to be recovered through competition. Therefore, effective competition is not possible for this requirement.

b. Subcontracting competition: The Government is ensuring that the prime contractor obtains as much subcontracting competition as possible through the inclusion of the following clauses in the base IDIQ contract: FAR 52.244-5, Competition in Subcontracting; FAR 52.219-8, Utilization of Small Business Concerns; FAR 52.219-9, Small Business Subcontracting Plan; and DFARS 252.219-7003, Small Business Subcontracting Plan (DoD contracts) � Basic. These clauses ensure that Elbit Systems of America considers small business concerns and small business participation in performance of the proposed contract.

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if changes have occurred in the marketplace that would enable future requirements for ENVG logistics services to be competed. Ongoing market research will include postings of Sources Sought Announcements (SSAs) on the SAM.gov website, reviewing trade journals, and attending Industry symposiums to keep current on the latest Night Vision technology. The on-going efforts are to ensure the maximum amount of competition in the future for repair of ENVG.

8. Market Research: Pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), the technical experts within CECOM ILSC and ACC- APG conducted market research. A Sources Sought Announcement (SSA) was issued on May 20, 2023, on SAM.gov and the potential offerors were given until June 7, 2023, to respond. The SSA�s purpose was to determine whether any other source could provide contractor logistic support related to the repair of AN/PSQ-20 and AN/PSQ-20A.

Elbit Systems of America (formerly known as Harris Corporation) was the only company the responded to the latest Market Survey.

As the OEM, Elbit Systems of America has provided this support on previous contracts and on the current contract. Based on the responses to the SSA, the Government technical experts have determined that Elbit Systems of America is the only responsible source with the required knowledge, experience, and technical data necessary to

Throughout the life of the contract, W56JSR-17-D-0017, that resulted from the previous J&A (ref. FY17-214), multiple sources sought notices have been posted to increase and review potential competition. However, there have not been any significant changes in the competition available

. Since the Government fulfilled its Actions to Increase Competition, this J&A will not require one-level above approval authority elevation in accordance with DFARS 206.304 and PGI 206.304 for a failure to complete planned actions.

The Original Equipment Manufacturer (OEM) was The International Telephone and Telegraph (ITT) Corporation. On October 31, 2011, ITT Corporation into three (3) publicly traded companies. The part of ITT Corporation which provided Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance (C4ISR) related hardware and services became known as Exelis Incorporated. In 2015, Harris Corporation acquired Exelis Inc. In 2019, Elbit Systems of America announced its acquisition of Harris� Night Vision business.

On August 10, 2010, contract number W91CRB-10-C-0177 was awarded on a sole source basis to ITT Corporation, Roanoke, VA for production and contractor logistics support, including spare parts, storage, non-recurring engineering, and maintenance for Enhanced Night Vision Goggle Systems (ENVGS). The contract was awarded with a ceiling value of The contract was awarded by the U.S. Army Research, Development and Engineering Command (RDECOM) Acquisition Center, Aberdeen Proving Grounds, MD.

On March 31, 2005, contract number W91CRB-05-D-0012 was awarded on a sole source basis to ITT Corporation, Roanoke, VA for production and contractor logistics support, including spare parts, storage, non-recurring engineering, and maintenance for Enhanced Night Vision Goggle Systems (ENVGS). The contract was awarded with a ceiling value of and was awarded by the U.S. Army RDECOM Acquisition Center, Aberdeen Proving Ground, MD.

b. Other facts:

A previous Sources Sought Announcement was posted on 27 March 2022, with responses due 15 April 2022. Elbit Systems of America (incumbent), Maztech Industries LLC (35 Peter Canyon Rd Irvine, CA 92606; CAGE: 7T3V9), and Rapier Solutions (3095 Senna Drive Matthews, NC 28105; CAGE: 34VQ9) were the only respondents with an interest in meeting the Government�s requirements for spare parts and repair services. As of 2022, Maztech Industries was known to have the capability to fabricate and repair night vision devices. However, Maztech Industries did not have experience with, or the capability to repair PSQ-20 and PSQ-20A devices already in the Government�s stock. Maztech Industries was also not a qualified vendor to provide parts

Approval

Based on the foregoing justification, I hereby approve the procurement of components and the repair, technical, and engineering support services for AN/PSQ-20 and AN/PSQ-20A Enhanced Night Vision Goggle (ENVG) for a 5 Year ordering period in the estimated amount of on an other than full and open competition basis pursuant to the authority of 10 U.S.C. § 3204(a)(1) as implemented in FAR 6.302- 1(a)(2)(ii)(A)6.302-1(a)(2)(iii)(A), Substantial duplication of cost to the Government that is not expected to be recovered through competition and FAR 6.302-1(a)(2)(ii)(B)/6.302- 1(a)(2)(iii)(B), Unacceptable delays in fulfilling the agency�s requirements. The award is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Signature: __________________________ Date: __________________________

Typed Name: Title: