J A_15-0001_KevlarCloth_Redacted-F.pdf

CONTROL NO: 15-0001

DEPARTMENT OF THE ARMY

JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

1. Contracting Agency: Army Contracting Command – Warren (ACC-WRN)

(ANAD).

2. Description of Action: The proposed contract action will be for a Brand Name Only, Firm Fixed Price (FFP) requirements contract for the procurement of the K29 – Style 745 Kevlar. The cloth will be used in the manufacture of the Linear Demolition Charge System (LDCS) composite covers on the Assault Breacher Vehicle (ABV). DuPont is the manufacturer of the Kevlar® 29 (K29) fibers that are used to weave the cloth. Style 745 is the weave number which is based on industry standards for the construction of the K29 S745 cloth. DuPont will only sell this item through distributors. Army Working Capital Funds will be used for this acquisition.

3. Description of Supplies/Services: The Army proposes to award a FFP contract for a base year with four (4) one-year options. The contractor shall provide a maximum quantity of 7,200 yards per the requirements contract set forth by Anniston Army Depot (ANAD) and the contractor. Each option year shall have a maximum quantity of 3,000 yards per year. The yardage shall be equal in length and must consist of the K-29, Style 745 Kevlar. This Kevlar is used with fabrication of the composite components to support the production of the ABV by the ANAD, Anniston, Alabama. Total estimated value of this action is

Regarding the procurement of Kevlar Cloth for the ABV, the K29 – Style 745 Kevlar has been tested and approved for use by the U.S. Marine Corps (USMC) and Army Research Lab (ARL), Aberdeen Proving Grounds. It has passed all ballistic testing requirements for this vehicle and has been approved for use on the ABV composite tops. The USMC and ARL worked together on getting the correct formulation and material to meet the stringent ballistic requirements set forth by the USMC for this vehicle. These composite tops were designed and tested using the Kevlar K29 – Style 745. Using any other alternative material would invalidate these test results and would cause the ABV program office to incur substantial schedule delays and cost increases.

4. Authorities Cited: The statutory authority permitting other than full and open competition is10 U.S.C. 2304(c)(1), as, implement by FAR 6.302-1(a)(2)(c) “Only One Responsible Source or a limited number of responsible sources, and No Other Suppliers or Services Will Satisfy Agency Requirements.” This procurement specifies a particular brand name peculiar to one manufacturer.

The Kelvar K29 Style 745 cloth is manufactured by DuPont who will only sell to their distributors. The procurement for Kevlar Cloth is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

5. Reasons for Authorities Cited: As part of the ABV R&D program, the ABV has undergone extensive live fire testing of the top covers used to protect the linear demolition charge tubs carried by the vehicle. Through repeated testing using artillery fragment projectiles, we were able to identify a combination of certain materials and the Kevlar® K29 Type 745 fabric that performed successfully and met the ABV lethality requirement.

This test series took place between November 2004 and June 2005 at the Aberdeen Test Center – Vulnerability/Lethality Division, and cost the ABV program on the order of of R&D funds and 6 months of schedule time. Because of the critical nature of these top covers, it is essential that their performance against artillery threats be maintained by producing them with the same materials that were used to conduct the R&D test series. Any substitution of the component materials would invalidate our previous test conclusions, forcing USMC to retest the new materials to confirm their performance. This would cause substantial production delays and cost the ABV program close to in funding.”

ANAD has initiated the manufacture of the LDCS composite covers for the ABV using the K29-Style 745 Kevlar® cloth. The requirement is for a Brand Name Only, Kevlar® Fiber, which was determined in the above stated testing.

Competition will be attempted among companies that can supply the Kevlar® brand.

6. Efforts to Obtain Competition: This requirement will be synopsized in FedBizOpps. The synopsize will be issued 15 days prior to issuance of the solicitation allowing all interested companies to determine if they are able to bid on the Kevlar® K29 Type 745 fabric. The requiring activity contacted four companies known for manufacturing this type of requirement needed. Sioux Manufacturing, Hawkeye Intl, and Infinity Composites responded stating they were able to provide the Kevlar K29 Type 745 fabric. These are all small businesses. Fiber Material, a large company, no longer manufactures or weaves fabrics. In searching the System for Award Management (SAM), there were many companies that used the North American Industry Classification System (NAICS), 313210, Broadwoven Fabric Mills. The solicitation when posted will remain open for 30 days which will give these companies an opportunity to submit a proposal. An Internet search was conducted to search companies that could provide the Kevlar K29 Type 745 fabric. The only two companies that were listed were Armorco and Infinity Composites.

7. Actions taken to Increase Competition: Due to the testing done by ARL at the Aberdeen Test Center and the cost of retesting, the government has no plans to increase competition beyond synopsizing the acquisition. This acquisition will be competed among Kevlar dealers as well. The K29 – Style 745 Kevlar cloth is proprietary.

8. Market Research: Market research was conducted by ACC-WRN (ANAD) with companies that had provided a proposal on the previous acquisition. The three companies that provided market research were Infinity Composites, Hawkeye International and Sioux Manufacturing. Fiber Materials Inc. no longer manufactures and weaves fabrics. Solicitation will be issued and posted for competition among distributors of the Kevlar® brand. ANAD’s market research results are shown that there are at least three companies that can meet the proposed requirement. An Internet search was conducted which showed, other than the four listed above, was Armorco.

9. Interested Sources: In accordance with FAR 5.201, this procurement will be synopsized in the FedBizOps web site. The synopsis will indicate that it is our intention to negotiate a Brand Name Only procurement under the authority of FAR 6.302-1(a)(2)(c). To date, the only companies that have shown an interest in this requirement are Infinity Composites, Hawkeye International and Sioux Manufacturing.

10. Other Facts:

(a) Procurement History:

(1) Contract Numbers and dates of the last several awards.

AWARD

NUMBER/KEVLA

R CLOTH

DATE OF

AWARD CONTRACTOR

UNIT

PRICE QTY

TOTAL

COST

06-V-0147 25-Jan-09

Sioux Manufacturing Main St, Hwy 57, Ft. Totten, ND

Yds

07-V-0060 11-Dec-06

Sioux Manufacturing Main St, Hwy 57, Ft. Totten, ND

Yds

08-P-0040 13-May-08

Infinity Composites 4427 Main Ave Ashtabula, OH

Yds

08-V-0144 27-Feb-08

Infinity Composites 4427 Main Ave Ashtabula, OH

Yds

Infinity

08-D-0015

9-Sep-08

Composites 4427 Main Ave Ashtabula, OH

18,000 Yds

(4th Option Year - 2013)

(2) Competitive status of these actions. All previous procurements listed in

(1) above were Brand Name Only.

(3) Authority previously used for less than full and open competition. 10 U.S.C. 2304(c)(1), as, implement by FAR 6.302-1(a)(2)(c)“Only One Responsible Source and No Other Suppliers or Services Will Satisfy Agency Requirements.”

(4) All prior sole sources and J&A CMO Number 08-448 stated:

Due to the testing done by ARL at the Aberdeen Test Center and the cost of retesting, the government has no plans to increase competition beyond synopsizing the acquisition. All were approved by the Contracting Officer or TACOM-ACC Competition Advocate.

(5) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys. There were some consecutive buys made when the program first started up and there were many unknowns as to how many vehicles would be built. When known quantities were established and funded, the first requirements contract (08-D-0015) was awarded.

(6) The previous procurement was based on a sole source brand firm fixed price contract for the procurement of K29-S745 Kevlar® cloth, to be used in the manufacture of the Linear Demolition Charge System (LDCS) composite covers on the Assault Breacher Vehicle (ABV). DuPont is the manufacturer of the Kevlar® 29 (K29) fibers that make up the cloth. Style 745 is the weave number which is based on industry standards for the construction of the K29 S745 cloth.

DuPont sells the K29 fibers to manufacturers directly, who in turn weave the fibers into K29-S745 Kevlar® cloth. There have been no significant changes since that time.

b. Acquisition data availability. The U.S. Marine Corps (USMC) and Army Research Lab (ARL) worked together on getting the correct formulation and material to meet the stringent ballistic requirements set forth by the USMC for the ABV. These composite tops were designed and tested using the Kevlar K29 – Style 745. Using any other alternative material would invalidate these test results and would cause the ABV program office to incur substantial schedule delays and cost increases.

c. Unusual and compelling urgency. N/A

d. Subcontracting competition. N/A. This will be set aside for small business concerns.

11. TECHNICAL 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.”

Name: Signature: //S// Title: ABV/JAB Program Manager Date:

12. 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.”

Name: Signature://S// Title: Director of Production Management Date: 07/15/15

13. FAIR AND REASONABLE COST DETERMINATION: “I hereby determine that the anticipated cost to the Government for the contract action will be fair and reasonable.” This determination will be based on results of cost and price analysis. Certified cost or price data will not be required as this procurement will be competed among companies that supply the Kevlar® brand.

Name: Signature: //S// Title: Contracting Officer Date: 10/07/2015

14. CONTRACTING OFFICER CERTIFICATION: “I certify that this justification is accurate and complete to the best of my knowledge and belief.”

Name: Signature: //S// Title: Contracting Officer Date: 10/07/2015

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the Kevlar Cloth in support of the ABV program on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) as cited by FAR 6.302-1, provided that the services and property herein described have otherwise been authorized for acquisition. Total value is estimated at

DATE: 10/07/2015 SIGNATURE: //S//

Contracting Officer