A03_JA_18242_Posting_FBO_W81XWH18Q0232.pdf

J&A Control No: JA 18242

FOR OFFICIAL USE ONLY

Sole Source Justification (SSJ) in accordance with FAR subparts 13.106 or 13.5 using Simplified Acquisitions Procedures (SAP)

1. Contracting Activity: U.S. Army Medical Research Acquisition Activity (USAMRAA) 820 Chandler Street Fort Detrick, MD 21702.

2. Requiring Activity: U.S. Army Aeromedical Research Laboratory (USAARL)

3. Nature of Action:

Commercial Item Non-Commercial Item New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price* Time & Materials** Cost*

* See FAR 12.207(a) ** See FAR 12.207(b).

For Hybrid Contracts, list percentage of each type of pricing:

* Firm Fixed Price:

**Time & Materials:

* Cost:

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

Fiscal Year of Funds: FY 2018

Estimated Total Dollar Value including Options: $ 19,760.00

4. Contractor Name:

Name of Proposed Contractor(s): MTS Systems Corporation Street Address: 3175 Staley Road City, State, Zip: Grand Island, NY 14072 Telephone: 1-800-955-6288

DUNS: 006452312

CAGE: 34145

5. Description of Supplies/Services: The U. S. Army Aeromedical Research Laboratory (USAARL) requires to purchase extended warranty of existing MTS 370 Landmark system previously purchased with W81XWH-09-P-0019 to include the hydraulic power unit (HPU), load frame, and controller. The MTS effective 08 October 2008/FY 09. The MTS 370 Landmark System is used to conduct dynamic testing of materials used in helmets, seating cushions, and other energy attenuators to determine protective capabilities for the Warrior. The MTS 370 Landmark System is also used to conduct tension, compression, and bending testing of biomaterials and components to create biofidelity corridors and injury assessment reference values to provide material designers specification data for Warrior’s protective equipment. The extended warranty being requested covers troubleshooting; repairs/replacement of electronics, load unit, and HPU; and in some cases, exchange, remanufacture or repair the system as authorized by the manufacturer. The extended warranty is for 1 year with 4 option years.

6. Authority Cited: 41 U.S.C. 1901 OR 41 U.S.C. 1903

(a) FAR 13.106-1(b)(1)(i): Only one source reasonably available (e.g., urgency, exclusive licensing agreement, brand name or industrial mobilization); OR

(b) FAR 13.106-1(b)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item; OR

(c) FAR 13.501(a)(1)(i): Only one source reasonably available (including brand name); OR

(d) FAR 13.501(a)(1)(ii): Only one source can provide a portion of the purchase that is a particular brand-name item.

7. Reason for Authority Cited: MTS Systems Corporation is the only source to obtain the extended warranty for continued coverage of the MTS 370 Landmark System. It is to maintain the life of the system and avoidance of the Government from having to purchase a new system, valued at approximately $170,000. Should it fail without this extended warranty this cost would be passed to the Government to purchase a new system, and it is not economically fitting to the present budget of acquiring a new system for the present research being conducted. Based on an internet search conducted by the end-user and the Contract Specialist in accordance with FAR Part 10, there is only one source available for the purchase of the extended warranty for the MTS 370 Landmark System. Therefore, there is only one reasonable basis to conclude that the Government’s minimum need can only be satisfied in accordance to FAR 6.302-1(b)(1) and there are no re-sellers of the extended warranty and only one reasonable source and no other supplies or services will satisfy the agency’s requirement.

8. Efforts to obtain Competition: There is only one source capable of performing the required as MTS Systems Corporation is the only vendor that can provide an extended warranty on their products.

a. Effective competition. Not applicable. There are no other vendors technically trained and qualified to work on the MTS Systems Corporation, and no other vendors that will be able to provide a warranty.

b. Subcontracting competition. Not applicable. There are no subcontracting opportunities for this requirement.

9. Actions to remove or overcome barriers Competition: Not applicable. Currently, only one vendor, the manufacturer of the equipment, is technically capable of providing extended warranty for the MTS Landmark System. At present, a newly competed action would not be technically acceptable to maintain the validity and merit of the ongoing research with USAARL. In the future, if the MTS Landmark System is beyond repair a new system will be required either through the present vendor as a sole source or a compatible system will be purchased.

10. Market Survey: An internet search was conducted to find that there are no distributors of the MTS System Corporations products, and therefore no vendors that provide the warranty of the MTS products. Verification verbally by the customer to the vendor confirmed that they have no distributors for their products.

11. Interested Sources: To date, no other interested sources have come forward.

There is no posting requirement as this requirement does not exceed the $25,000.00 posting requirement. Public notice will not be posted on FedBizOpps in accordance with FAR 5.101(a)(2). A redacted copy will be made available over $15,000.00 to FedBizOpps to satisfy the requirement of FAR 5.207(c).

12. Procurement History and any other facts:

a. Previous Contract or Purchase Order Number: W81XWH-13-P-0438

b. Previously competed? No - Sole Source According to UPAS a J&A was not found, but noted in the Pre-Award Memorandum for Record the requirement was a sole source made to MTS Systems Corporation for maintenance of the MTS 370 Landmark System.

c. Previous authority for less than Full & Open Competition: FAR 6.302-1(a)(2) -- Only

One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirement

13. Technical / Requirements Certification: I certify that the support data under my cognizance which are included in this SSJ are accurate and complete to the best of my knowledge and belief.

Digitally signed by

VASQUEZ.KIMBERLY.B.10122080

Submitted by Signature: LY.B.1012208037 37 Date: 2018.08.16 09:39:13 -05'00'

Printed name: Kimberly B. Vasquez Agency/Position/Title: Injury Research Facilitator E-Mail Address: kimberly.b.vasquez.civ@mail.mil Date: 16 August 2018

14. Contracting Officer Certification and Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief. Based upon the facts described herein, I hereby determine that the anticipated price/ cost to the Government will be fair and reasonable, and a determination of price reasonableness will be documented and placed in the contract file.

Contracting Officer Signature: BEST.AMANDA.

Digitally signed by

BEST.AMANDA.LEE.1369630896

Printed name: LEE.1369630896 Date: 2018.08.16 16:20:58 -04'00'

Agency/Position/Title: Contracting Officer E-Mail Address:

Date:

VASQUEZ.KIMBER