Simplified Acquisition Sole Source Justification (FAR 13.5) LOMAH-OSCO Final 1 - REDACTED VERSI_.pdf

CUI//SP-PROCURE//FEDCON

Control No: JA-22-Adel-751

JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: U.S. Army Combat Capabilities Development Command (DEVCOM) Analysis Center (DAC), Human Systems Integration Division (HSID) Weapons Branch requests open air acoustic targetry systems to support live-fire human performance evaluations at Aberdeen Proving Ground (APG), MD.

Authority: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a)(1)(ii), sole source (including brand name) under authority of the simplified procedures for certain commercial items.

Amount: $1,934,139.00

Prepared by: Frank Morelli DSN: 298-5429 Senior Research Scientist Date: 14 Jan 2022

DAC HSID Weapons Branch Email: frank.morelli.civ@army.mil

Contracting Officer: Cristina Watkins DSN: 290-0769 Contracting Officer Date: 25 Aug 2022 Email: joseph.m.dellinger2.civ@army.mil

Technical: Thomas C. Fry DSN: 298-5429 Range Manager, M Experimental Fac. Date: 14 Jan 2022 DAC HSID Weapons Branch Email: thomas.c.fry.civ@army.mil

Requirements: Thomas C. Fry DSN: 298-4330 Range Manager, M Experimental Fac. Date: 14 Jan 2022 Email: thomas.c.fry.civ@army.mil

Controlled by: ACC-APG

CUI Category: General Procurement & Acquisition Distribution/Dissemination Control: FEDCON

POC: Cristina Watkins 301-394-3385

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

Legal Counsel: Rebecca Clark

X Legal Counsel

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity: United States (U.S.) Army Contracting Command-Aberdeen Proving Ground (ACC-APG), Adelphi Contracting Division (ACD), 2800 Powder Mill Road, Adelphi, MD 20783.

2. Description of Action: U.S. Army Combat Capabilities Development Command (DEVCOM) Analysis Center (DAC), Human Systems Integration Division (HSID) Weapons Branch requests a firm-fixed-price contract with Oakwood Controls LLC., located at 159 Industrial Road, Glen Rock, Pennsylvania,17327. The Government projects award for September 2022 and fiscal year 2022/2023, Research, Development, Test, and Evaluation (RDT&E) funds will be used.

_X_ An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services: The Government requires supply and installation of new Oakwood H-Bar Location of Miss and Hit (LOMAH) open-air acoustic H-Bar targetry systems. The contract would be comprised of a base requirement to include 50 Target Systems; Option One (1) includes eight (8) Target Systems with 50 foot movers;

and Option Two (2) includes 50 Target Systems.

The target systems are required to meet the following specifications:

• Min Velocity: 1,150 frames per second (fps).

• Accuracy: +/- 5 millimeters (mm) throughout the center scoring area.

• Radio Range: Line-of-sight out to over 2000 meters (m)

• Power: Fully electric power actuators. Rechargeable batteries included with 6+ hours of run-time.

• Lift Time: Approximately 0.75 seconds (s)

• Weatherproof/All-Weather

• Designed to work on a stationary target where the bullet is fired within 15 degrees perpendicular to the target.

• Able to transmit information via Wi-Fi between the target location and firing line

• Compatible with existing Oakwood R&D target system software.

Option One (1): eight (8) Target Systems and installation, with 50 foot movers shall meet the following specifications:

• Permanently mounted modular track sections, a tetherless/wireless mover chassis, and wireless communications.

• The chassis is a battery powered, four (4) wheel drive unit capable of traveling up to eight (8) miles per hour.

• The rechargeable batteries are capable of at least three (3) hours of standard use, continuous run time, and can be quickly swapped out for charged batteries, minimizing system down time. Batteries will be rechargeable from a standard 120 Volts (V), 15 Amperes (amp) service.

• The mover has two (2) standard modes of movement -- cruising to/from two (2) user-selectable points on the track, and wandering to random points on the track.

Speeds can be user selected or randomly generated by the system.

• The mover chassis can be quickly removed from the track so it can be stored when not in use.

Option Two (2): fifty (50) Target Systems and installation.

Description Quantity Price/ Unit Total Delivery Date Base year: Target Systems and installation

50 $16,848.30 $842,415.00 180 Days After receipt of Order (ARO)

Option 1: Target Systems and installation, with 50 foot movers

8 $40,253.00 $322,024.00 20 Weeks ARO

Option 2: Target Systems and installation

50 $15,394.00 $769,700.00 20 Weeks ARO

TOTAL: $1,934,139.00

This cost estimate was derived on the basis of conducted market research, review of historical purchases and known costs for open air acoustic targetry systems within the industry.

4. Authority Cited: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a)(1)(ii), sole source (including brand name) under authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited:

DAC HSID Weapons Branch requires the supply and installation of new Oakwood H-Bar LOMAH open-air acoustic H-Bar targetry systems at M-Range Shooting Performance Facility (M-Range), a lethality performance testing facility located at APG, MD. The Oakwood Controls Portable H-Bar LOMAH sensor system is required to support DAC planned research programs investigating small arms weapon configurations that feature supersonic ammunition. Such research comprises the majority of DAC small arms human performance research and development programs. This system will be a replacement for an obsolete open air acoustic targetry systems at DAC manufactured by Oakwood Controls LLC.

In order for DAC to maximize its research, it is imperative that the required targetry systems be compatible with the existing targetry systems which are manufactured and supported by Oakwood Controls LLC. New Oakwood H-Bar LOMAH open-air acoustic H-Bar targetry systems would be compatible with existing wireless open-air acoustic targetry systems used by DAC to score target engagement data using U.S. Army small arms systems during live-fire human performance trials. The new targetry systems would be linked with targetry software controllers remotely, through a wireless connection on site. In order to maintain compatibility, the required equipment and installation is only available from one (1) vendor, Oakwood Controls, LLC. Since the current use of Oakwood Controls targetry has shown these systems to reliably capture the high-volume spatial and timing data generated at the DAC HSID M Experimental Facility, it is logical to continue using Oakwood Controls LLC manufactured systems. The design configuration of the Oakwood Controls open-air targetry acoustic systems that are being procured are the only technologies designed to be compatible with infrastructure upgrades at the M Experimental Facility, which was designed to utilize a uniform target exposure across all target emplacement positions at the range facility. The DAC requires that the H-Bar LOMAH open-air acoustic H-Bar targetry systems automatically localize hit and miss locations during target engagement paradigms, in real time, with the precision (i.e., < 5 millimeter error rate) required for scientific human performance data collection. Oakwood Controls, LLC is the only manufacturer of this low-profile, easily protected (i.e., from errant or inaccurate fire) sensor system type.

The proposed acquisition must be accomplished through other than full and open competition due to a need for compatibility with existing targetry software/hardware systems manufactured and supported by Oakwood Controls LLC, since their validated data capturing and performance meets the DAC HISD infrastructure requirements.

Compatibility with existing small scale targetry is required to achieve larger scale target engagement experimentation objectives. The U.S. Army has spent more than 300 man-hours testing and learning the operation of these sensors and has spent an additional 100 man-hours shooting at targets and comparing one-to-one results from hitting actual paper targets directly behind the Oakwood targets. Redoing this testing and developing a program with another set of sensors and targets would result in a significant duplication of time and cost, such as: replacement of stationary targets would cost approximately $860,000.00, moving targets would cost approximately $150,000.00, software coding and scaling compatibility across the range positions would cost approximately $400,000.00. This cost estimate was derived on the basis of conducted market research, review of historical purchases and known costs for open air acoustic targetry systems within the industry. Additionally, the M Experimental Facility would lose a year of income while awaiting new software development, not accounting for related effects of following years where customer base may seek alternate facilities for support as a result of this delay. DoD agencies across the Army and Joint Service Research, Development, Test, and Evaluation (RDT&E) community rely on the M Experimental Facility and its subject matter experts (SMEs) to conduct independent analyses of prototype and developmental weapon systems, generating approximately $4,000,000.00 to $6,000,000.00 in reimbursable funding. This funding affords the Army continued dominance in developing state-of-the-art weapons for combat arms practitioners across the military services.

In summary, the total cost of changing to a different make and model of sensors and targets, is estimated at approximately $5,410,000.00.

Therefore, an effective competition is not possible without altering already established software and hardware infrastructure that employs Oakwood Controls targetry executed through a previous contract (W911QX18P0152), in the amount of $110,856.64).

Pursuing other vendors or using alternate systems, which would be incompatible and technically inappropriate, would create undue burden and cost to the government that could ultimately risk the mission.

6. Efforts to Obtain Competition:

Effective competition is not anticipated for this procurement based on the market research performed (see section 8). Based on the results of the market research performed, there are currently no other sources capable of meeting the Government’s aforementioned requirements. In addition, the Contracting Officer published an Intent to Sole Source Synopsis on www.SAM.gov as required by FAR 5.201, on 04 August 2022 with a closing date of 19 August 2022, stating that any bids or proposals received shall be considered. To date, no other vendors have written to express interest in this requirement. Therefore, the procurement will be pursued on an Other Than Full and Open Competition basis in accordance with FAR 13.501(a)(1)(ii), sole source (including brand name) under authority of the simplified procedures for certain commercial items.

Additionally, no subcontracting efforts are expected to be utilized at this point, as Oakwood Controls is the only manufacturer involved with all aspects of design, manufacturing, testing, and installation of the equipment and related labor.

7. Actions to Increase Competition: In accordance with FAR 5.201(a), all future requirements will be published to make notice of the Government’s intent of proposed contract actions. As required, by FAR 13.501(a)(iii), the justification will be published within 14 days after contract award.

Based upon the information provided in section five (5) above, competition for this action is not feasible, as no other source is capable of providing the required Oakwood LOMAH open-air acoustic H-Bar targetry systems that meet all the Government’s technical specifications. In order for competition to occur, Oakwood Controls would need to have authorized resellers/distributors of the LOMAH open-air acoustic H-Bar targetry systems http://www.sam.gov/ and equipment, and would have to offer other vendors service rights to Oakwood Controls equipment through certifying personnel.

Any future requests for these specific LOMAH open-air acoustic H-Bar targetry systems will include new market research surveying the marketplace to determine if other manufacturers have entered the market that provide the required equipment and can overcome the compatibility issues outlined above. If Oakwood Controls adds authorized distributors/resellers of their equipment and service rights of that equipment through certified personnel, then competition will be more viable and effective moving forward.

8. Market Research: Market research was conducted in January 2022 by a Senior Research Scientist from the Weapons Branch, and the M Experimental Facility Range Manager with U.S. Army DAC, Human Systems Integration Division. They both have experience in human factors and human performance research and development, specializing in small arms weapon systems and small arms human performance in electronic targetry systems and sensors for military small arms applications. Market research included web-based inquiries from manufacturer websites (Oakwood Controls, Oehler, Sius Ascor) and information from sources contacted including manufacturer sales and technical representatives (Troy Young, Oakwood Controls). During the market research, other acoustic targetry vendors were identified, such as Meggitt and Oehler.

Neither vendor features a targetry solution that is compatible with existing Oakwood Controls targetry and neither vendor solution would be compatible with existing range facility contracts to execute the target placement exposure across the range for individual open-air acoustic target systems. Additionally, solutions provided by these alternate vendors do not currently meet the integration specifications for the M Experimental Facility and would require prohibitive additional cost to the government if selected without surety of function at scale for human systems integration experimental trial usage. Other vendor’s products would additionally require validation trials and would not meet current requirement timelines for assessment of next-generation small arms systems. The market research was also reinforced by discussions with collaboration partners within the U.S. Army research, development, test, and evaluation community for small arms system research, assessment, and testing currently using these alternate applications. No other company was found capable of meeting the Government’s requirements for this uncommon targetry system type.

9. Interested Sources: See Paragraph 6 for the Synopsis information. To date, no other sources have expressed interest in this acquisition.

10. Other Facts:

a. Procurement History:

(1) Contract: W911QX18P0152 Award Date: 10/25/2018

(2) Competitive Status: Oakwood Controls Corporation was selected as the only vendor capable of meeting the Government requirements based on Compatibility and Experimental Continuity

(3) Authority: Sole Source (statutory authority permitting sole source is 41 USC 1901(e), implemented by FAR 13.106-1(b)(1)(i))

(4) Justification for previous procurement:

Contract # W911QX18P0152 Dollar Value: $110,856.64 Determination & Findings for other than full & open competition (actions sat and below) was used in the previous contract.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. N/A

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. N/A

(7) Justification for previous procurement: Contract # W911QX18P0152 was awarded per statutory authority permitting contracting without providing for full and open competition: The statutory authority permitting sole source is 41 USC 1901(e), implemented by FAR 13.106-1(b)(1)(i): Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

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: Frank Morelli

Signer’s Title: Senior Research Scientist (Human Systems Integration)

Technical Certifier (Tech)

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: Thomas Fry Signer’s Title: Range Manager, M Experimental Facility

Requirements Certifier

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

__ Cost analysis _X_ Price analysis __ Should-cost

_X_ IGE

__ Audit:

__ Other:

As a part of this basis, certified cost or pricing data:

__ will be required.

_X_ will not be required and the following exception applies (FAR 15.403):

__ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

_X_ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Contracting Officer (KO)

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer (KO)

Approval

Based on the foregoing justification, I hereby approve the procurement of open air acoustic targetry systems to support live-fire human performance evaluations at APG, MD, for an estimate of $1,934,139.00, on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2), as implemented by FAR 13.501(a), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Lane M. Gary Command Advocate for Competition

(End of Justification)