Laser_Filter_LSJ_Redacted.pdf

Control

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Army Contracting Command – New Jersey

2. Description of Action: Specialized Foreign Laser Filtration Units

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number __TBD_________________________

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: RDT&E

FY: __18____

Name of Proposed Contractor(s) and Address:

Elbit Systems of America 4700 Marine Creek Parkway Fort Worth, TX 761790

Brand Name Buy: Yes No

3. Description of Services or Supplies:

The optics metrology lab within the small arms fire control division is responsible for testing and evaluating developmental, commercial and military devices, as well as design, build and characterize prototype imaging devices.

Developmental testing and experimentation of proprietary and foreign materials is necessary to ensure advancement over the current fielded state of technology and what is commercially available in the current market. A request for fifteen (15) specialized laser filtration units is needed to assess a foreign technology. A simplified onsite assessment by the vendor is included to provide written confirmation that the experimental test setup for analyzing the filters is satisfactory.

Estimated Delivery Date:

Total Value:

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Overall the results of the Market Research and Sources Sought Notice for the Specialized Laser Filter Units showed only one capable vendor, Elbit Systems.

The contract requires a provider that can encompass the ability to develop uniquely designed filtration units that may potentially meet small arms fire control mission requirements. To date, the Government has been unable to find another source that can produce a filter that can meet the Governments requirement.

There is no way to quantify the amount of funding that has been utilized for this requirement as there were multiple agencies working toward the development on implementation of laser filters that can meet these specifications and performance standards. Failure to develop a filters could result in injury to Soldiers, at a minimum loss of sight.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ____.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Overall the results of the Market Research for the Specialized Laser Filter Units is as followed. The contract requires a provider that can encompass the ability to develop uniquely designed filtration units that may potentially meet small arms fire control mission requirements. An internet search and survey was conducted to identify companies that provide optical metrology test equipment that would be the most likely sources to have various optical filters. Only one (1) of the above mentioned vendors are capable of fully encompassing the intended need of this effort to find advance materials and technology that fit a mission need.

8. Other Facts: See attached market research survey.

9. Technical/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.

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Typed Name:

Date: 02/21/2018 Title:

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis and comparison to the independent Government Cost Estimate.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name:

Date: 04/13/2018 Title:

Signature: