A03-RedactedJAover150K.pdf

Control No. ___14-64___

Justification Review Document

For Other than Full and Open Competition

Program/Equipment: Endevco Piezoresistive Shock Accelerometers, Maintenance, Repair, Replacement, Calibration, and Technical Support

Authority: FAR 13.501(a) “Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements”

Amount:

Prepared By:

Typed Name: DSN:

Title: Computer Scientist Date: 08 July 2014

Procuring Contracting Officer:

Typed Name: Clay Socha DSN: 290-4348

Date Reviewed: 10 September 2014

Technical Representative:

Title: Computer Scientist Date Reviewed: 08 July 2014

Requirements Representative:

Title: Date Reviewed: 08 July 2014

Legal Review: I have reviewed this justification and find it adequate to support other than full and open competition.

DSN:

Title: Legal Advisor

Date: Friday, 19 September, 2014

Justification and Approval

For Other Than Full and Open Competition

1.a. Contracting Agency:

U.S. Army Contracting Command – Aberdeen Proving Ground (ACC-APG), Adelphi Contracting Division

(CCAP-SCA), 2800 Powder Mill Rd, Adelphi, MD 20783

1.b. Requiring Agency:

U.S. Army Research Laboratory (ARL), Aberdeen Proving Ground (APG) Warrior Injury Assessment

Manikin (WIAMan) Project Management Office (PMO) (RDRL-DPW), Building 1105, APG, MD 21005-

5001.

2. Description of Action:

Approval is requested to solicit for a new Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity

(IDIQ) type contract. This contract will issue Delivery Orders (DO) on a FFP basis in support of ARL

RDRL-DPW WIAMan PMO from Meggitt, Inc. on an Other Than Full and Open Competition (OTF&OC) basis. This IDIQ contract will have an ordering period of three (3) years. The first DO will utilize Army

Fiscal Year (FY) 14 6.2 Research, Development, Test and Evaluation (RTD&E) funding.

3. Description of Supplies/Services:

The proposed acquisition is for the purchase of Endevco Piezoresistive Shock Accelerometers (sensors and transducers) which includes calibration, technical support, and repair and replacement parts as required.

The following is a list of Accelerometer families that will be procured:

Product Family Part No Part

Cost

Each

7270A-2K Piezoresistive Accelerometer 2000 g

7270A-6K Piezoresistive Accelerometer 6000 g

7270A-20K Piezoresistive Accelerometer 20000 g

7270A-60K Piezoresistive Accelerometer 60000 g

7270A-200K Piezoresistive Accelerometer 200000 g

7270AM6-20K Piezoresistive Accelerometer Damped Mounting 20000 g

7270AM6-60K Piezoresistive Accelerometer Damped Mounting 60000 g

7270A-(Z?) Noise Gage

7264-200 Piezoresistive Accelerometer 200 g

7264-2000 Piezoresistive Accelerometer 2000 g

7264D-2000 Piezoresistive Accelerometer 2000 g

7280A-20K Damped Piezoresistive Accelerometer 20000 g

7280A-60K Damped Piezoresistive Accelerometer 60000 g

2262A-2K Damped Piezoresistive Accelerometer 2000 g

7274-20k Tri-axial Piezoresistive Accelerometer 20000 g

7274-60k Tri-axial Piezoresistive Accelerometer 60000 g

7284-20k Tri-axial Piezoresistive Accelerometer 20000 g

7284-60k Tri-axial Piezoresistive Accelerometer 60000 g

7268-2000 Tri-axial Piezoresistive Accelerometer 2000 g

The estimated total value of this acquisition is $2,021,488.52.

4. Authority Cited:

The statutory authority permitting other than full and open competition is FAR 13.501(a), “Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Reason for Authority Cited:

The Army Research, Development and Engineering Command (RDECOM) operates an existing sensor management capability to support RDT&E projects. These management entities supply sensors, transducers, maintenance, calibration, technical support, and repair and replacement parts. The general requirements of the command sensor management capability include:

Procuring sensors to support tests currently being used in RDT&E programs

Calibrating sensors

Tracking sensors and their associated calibrations

Repairing sensors

Providing technical support and expertise on the employment of sensors in testing

The WIAMan PMO requires Accelerometers (sensors and transducers), calibration, technical support, and repair and replacement parts in support of Anthropomorphic Test Device (ATD) analysis of Under Body

Blast (UBB) threats. In 2010, the US Army identified the need to perform engineering and development to create a new test device that can be used to assess injuries that could be suffered by mounted soldiers when the vehicle they are in is attacked by an UBB threat such as an improvised explosive device. The required

Endevco Accelerometer families are only available through Meggitt Inc., 14600 Myford Rd, Irvine, CA

92606. Endevco Accelerometers were originally manufactured by Endevco Corporation which was procured by Becton Dickinson & Company in 1965. Subsequently Becton Dickinson was procured by

Allied-Signal in 1986. Meggitt Inc. acquired Allied-Signal in 1992 at which time all intellectual property and patents were transferred to Meggitt. The required Accelerometer families meet the Governments mission objectives as follows:

727X and 728X Family - These devices are uniquely designed to sense and measure the very-high gravitational (g) shock environment typical to both nuclear weapons testing and the UBB environment. As they are patented designs, no other company has been able to achieve equivalent performance in a competing design.

7264 Family - These products are the only accelerometer approved for use in anthropomorphic test-devices for use in UBB testing in Title 10 Live-Fire Test and Evaluation (LFT&E) by the

Department of Defense (DoD). As such, it is the only make and model of accelerometer used in

Title 10 LFT&E under oversight by the Director, Operational Test and Evaluation (DOT&E). Any change in make and model would require a change in DoD-approved test procedures for LFT&E.

2262 Family - These products are the only accelerometer approved for use in Government-developed low-frequency foam-insulated (LOFFI) mounts for the measurement of UBB structural-response in testing Title 10, LFT&E. As such, it is the only make and model of accelerometer used in Title 10 LFT&E under oversight by the DOT&E. Any change in make and model would require a change in DoD-approved test procedures for LFT&E.

7268 Family - These products are high-g rated accelerometers specific for use in ATDs approved for use in Title 10, LFT&E. This accelerometer is provided as part of original equipment manufacturer (OEM) ATD currently in use for LFT&E.

Meggitt holds all Intellectual Property (IP) rights including several patents (Patent # Piezoresistive

Transducer, Patent # Piezoresistive Transducer, Patent # Piezoresistive Transducer and

Patent# B2 Piezoresistive Strain Concentrator) to the required products prohibiting another source from manufacturing the sensors. In addition, calibration, service, and the repair of existing and replacement parts require knowledge that only Meggitt possesses as the IP holder.

Even if another contractor could develop and manufacture Accelerometers that perform at the required level as the Endevco Accelerometers, it would be cost prohibitive and time exhaustive because replacement

Accelerometers must be compatible with existing Government-owned ATDs to ensure research continuity with prior test data. Furthermore, to ensure consistency in the test data, calibration, technical support, repair and replacement parts are required each time an Accelerometer is used. If any other source other than

Meggitt is utilized for the procurement of Accelerometers, any future data would not be validated and all base-line testing currently on hand would have to be recreated causing an undue burden to the Government and delaying the mission at hand.

Based on the aforementioned, Meggitt is the only vendor who can provide the required Endevco

Piezoresistive Shock Accelerometers, services to maintain, calibrate, repair and provide replacement parts.

Award to any other source would result in a substantial duplication of costs to the Government in the estimated amount of $1,591,200.00 that is not expected to be recovered if another Accelerometer manufacturer were sought to provide the required Accelerometers, services and replacement parts.

7. Actions to Increase Competition:

The Government will continue to perform market research to locate other sources with the capability to deliver the required ATD parts and services. The Government will also continue to explore related technology efforts throughout the field as research in ATD’s continues. Currently, ARL has an open Broad

Agency Announcement (BAA) # W911NF-12- R-0011 “Vulnerability Analysis of Under Body Blast” for methodologies and models for assessing soldier/platform occupant injury probabilities as well as data collection and analysis in support of the WIAMan program. This BAA will assist in the development of new military-specific ATDs and associated injury assessment tools for use in LFT&E and vehicle development efforts.

8. Market Research

Market Research was conducted during March of 2014 through June of 2014, by who is a scientist with WIAMan PMO that has ten (10) years of experience in the use of Accelerometers in

Army RDT&E programs. contacted subject matter experts; , a

Mechanical Shock Specialist from with twenty seven (27) years experience in the use of Accelerometers and , a Physicist at ARL with seven (7) years of experience in Accelerometers within Government and industry. Research regarding availability of products through other manufacturers both on the GSA schedule and available on the open market was conducted. Other vendors with similar items were investigated, but did not offer acceptable products. The

Government requires a Piezoresistive Accelerometer designed for shock measure. Endevco is the only company that can meet this criteria. As high (g) shock accelerometers are a niche market, new products enter the market very infrequently. DoD has not re-assessed previous decisions regarding the accreditation of other accelerometer products by competing manufactures for Title 10 LFT&E. Therefore, the

Government’s requirement cannot be met by vendors other than Meggitt.

9. Interested Sources:

A synopsis notice was posted to FedBizOps under W911QX-14-T-0126 on 03 September 2014 with the intent to sole source to Meggitt, Inc. Posting closed on 8 September and to date, no other sources have written to express an interest, however as required by FAR 5.201, any other bids or proposals received shall be forwarded to the approving official for consideration.

10. Other Facts:

a. Procurement history:

(1) Contract numbers and dates of the last several awards:

W911QX-10-F-0011 awarded on 08 December 2009

W911QX-13-F-0023 awarded on 26 June 2013

(2) Competitive status of these actions.

W911QX-10-F-0011 awarded under other than full and open competition.

W911QX-13-F-0023 awarded under other than full and open competition.

(3) Authority previously used for less than full and open competition:

W911QX-10-F-0011: FAR 8.405-6(b) “Items Peculiar to One Manufacturer”

W911QX-13-F-0023: FAR 8.405-6(b) “Items Peculiar to One Manufacturer”

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

W911QX-10-F-0011 was awarded as sole source action to Endevco Corporation based on, no other

General Services Administration (GSA) sources were located which offered a Piezoresistive

Accelerometer with the salient characteristics required. Other companies offered similar products but none met the exact specifications set, specifically, the 6K range required.

W911QX-13-F-0023 was awarded as sole source action to Meggitt Inc. on the need that the required

Accelerometers have been used in other research studies for blast and ballistic events and were necessary to compare the data among the tests to build on the very limited dataset of human impact, injury studies.

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances.

Previous procurement history of like items were executed as sole source actions, therefore there has not been a change in circumstances.

Prior contracts (W911QX-10-F-0011 & W911QX-13-F-0023) were awarded utilizing GSA schedule contracts for Endevco and Meggitt, respectively. This acquisition requires Accelerometers that are not sold under Meggitt’s current GSA schedule. Thus, this acquisition will be solicited as an open market non-GSA sole source.

(6) An explanation of any unusual patterns which may be revealed by the history; e.g., several consecutive, urgent buys.

This is not applicable due to the fact that this procurement is not being procured under unusual or compelling circumstances.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes.

The previous procurement (reference W911QX-13-F-0023) was awarded as a sole source to Meggitt

Inc. ARL required Accelerometers that were compatible with previously utilized Accelerometers for research studies in blast and ballistic testing. Not only were the prior Accelerometers procured from

Meggitt, but Meggitt is the sole manufacturer and distributor of the required Accelerometers. To date there have been no significant changes.

b. Acquisition Data Availability:

This acquisition is for the procurement of Endevco Piezoresistive Shock Accelerometers (sensors and transducers), maintenance, calibration, technical support, repair and replacement parts. The procurement consists of specific items required by the Government that are currently only met by

Meggitt, Inc. Meggitt holds all intellectual property (IP) rights including several patents to these products prohibiting the manufacturer from another source. Maintenance, calibration, technical support, repair and replacement parts require knowledge that only Meggitt possesses as the IP holder.

As a result, Meggitt, Inc. is the only source that can provide the required Endevco Piezoresistive

Shock Accelerometers (sensors and transducers), maintenance, calibration, technical support, repair and replacement parts thus, deeming the effort not suitable for competition. The market will be monitored for other Piezoresistive Shock Accelerometers maintenance, calibration, technical support, repair and replacement parts that will meet the Government’s requirements if the current items in place become obsolete or irreparable in the future.

c. Unusual and Compelling Urgency:

This is not applicable due to the fact that this procurement is not being procured under unusual or compelling urgent circumstances.

d. Subcontracting Competition:

This is not applicable as there is no subcontracting for this requirement as this procurement action is for items and services from the original manufacturer.

e. Follow-on Contracts:

The original systems were procured from Meggitt Inc. under an, other than full and open competition basis. Due to the proprietary nature of the Piezoresistive Accelerometers, the supplies and services required to maintain, calibrate, repair and replace parts, and provide technical support are available only from Meggitt Inc. Meggitt holds all intellectual property (IP) rights including several patents to these products prohibiting the manufacturer from another source. Patents such as:

Patent # Piezoresistive Transducer

Patent# Piezoresistive Transducer

Patent# Piezoresistive Transducer

Patent# B2 Piezoresistive Strain Concentrator

Award to any other source would result in a substantial duplication of costs, in the estimated amount of

$1,591,200.00 to the Government that is not expected to be recovered if another manufacturer were sought to provide the required Piezoresistive Accelerometers and services.

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.

Signer’s Title: Computer Scientist

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.

Signer’s Title: WIAMan Project Manager

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

ARL has a history with Meggitt, Inc. and has purchased the sensors included in this requirement in recent years. A price analysis will be performed utilizing published price lists, prior invoices, and a comparison of the current pricing to pricing on past contracts.

Signature:

Name: SOCHA.CLAY.W.1387611173

Title: Contracting Officer (KO)

14. Procuring Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature:

Name: SOCHA.CLAY.W.1387611173

Title: Contracting Officer (KO)

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of Endevco Piezoresistive Shock

Accelerometers (sensors and transducers), maintenance, calibration, technical support, repair and replacement parts on an other than full and open competition basis pursuant to the authority of FAR

13.501(a) subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.