Simplified Acquisition Sole Source Justification (FAR 13.5)_gel_Redacted.pdf

CUI Control No: JA-25-Adel-0029

JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

Programs/Equipment: Ballistic Gelatin Powder for Army Research Laboratory (ARL)

Authority: 41 United States Code 1901 as implemented in Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Amount: $1,300,000.00

Prepared by: DSN:

Date: 7/3/2024 Email:

Contracting Officer: Robert Edwards DSN: 278-7374 Contracting Officer Date: 9/4/2024 Email: robert.a.edwards147.civ@army.mil

Technical: DSN:

Date:7/3/2024

Requirements: DSN:

Date: 7/3/2024

Controlled By: US Army Controlled By: ACC-APG CUI Category: General Procurement and Acquisition Limited Dissemination Control:

FEDCON

POC: Robert Edwards, (520) 945-7374

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: United States (US) Army Contracting Command – Aberdeen Proving Ground (ACC-APG), Adelphi Contracting Division (CCAP-MDI), 2800 Powder Mill Rd, Adelphi, MD 20783

2. Description of Action: The Army Research Laboratory (ARL) Army Research Directorate (ARD), Lethal Mechanisms Branch (LMB) requests a commercial, supply Indefinite Delivery, Indefinite Quantity (IDIQ) type contract on a sole source basis for the purchase of ballistic gelatin with Custom Collagen, Inc., 1220 Capitol Dr, Addison, IL 60101, Cage Code: 37XK3, Small Business. The proposed ordering period for this IDIQ contract willl be five (5) years in which Firm Fixed Priced (FFP) orders can be issued.

The total contract ceiling price for the five (5) year ordering period is estimated to be $1,300,000.00. The Government projects award for December 2024 in fiscal year 2025.

The Government will utilize RDT&E funds appropriate to the year for the subsequent task orders.

_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 ARL ARD LMB requires an estimated 25,000 pounds of VYSE® Professional Grade Ballistic Gelatin delivered to Aberdeen Proving Ground Maryland every December during the anticipated five (5) year ordering period.

The Government requires a gelatin that allows for the maintening of consistency among several programs that previously used Ordnance Gelatin, 250 Bloom, Type A. 46 millipascal second (mPs) Viscosity, five (5) potential hydrogen (pH), 25 nephelometric turbidity unit (ntu) Clarity, another product from Custom Collagen, Inc. The ballistic gelatin needed with this efforthas the following essential technical specifications of 250 bloom and 25 ntu. Bloom value is the most important to be consistent with previous testing, that determines how hard or soft the gel is. Ntu is also crucial as it allows use of High Speed cameras to view and measure reactions which is required to meet mission requirements.

Period of Performance: Ordering Period will be five (5) years from date of award.

Total Value: $ 1,300,000.00, estimate was derived from historical actuals. In addition, published pricing was provided by the vendor to confirm the estimate in the market research phase.

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited:

Custom Collagen is the only manufacturer that produces VYSE® Professional Grade Ballistic Gelatin. ARL LMB has been using VYSE® brand Professional Grade Ballistic Gelatin for multiple years across thousands of tests. To ensure consistency with previous testing and the ability to cross reference previous analysis, use of VYSE® Professional Grade Ballistic Gelatin is required. No other vendor provides a product that maintains the same level of tolerance to our required specifications as noted below and as listed above in paragraph 3. The gelatin must be consistent with prior materials in order to ensure experimental continuity.

The LMB of the (ARL requires an estimated 25,000 Pounds (LBS) of Professional Grade Ballistic Gelatin per year to conduct further studies in current research programs. This sole source is required to maintain consistency among several programs that previously used Custom Collagen, Inc. for Ordnance Gelatin, 250 Bloom, Type A. 46 millipascal second (mPs) Viscosity, five (5) potential hydrogen (pH), 25 nephelometric turbidity unit (ntu) Clarity.

The requested material is needed for the fabrication of carefully formulated ballistic body gelatin which will be used in support of the Next Generation Squad Weapons initiative.

This gelatin brand and formula have over 500 manhours into developing the “recipe” for precise body gelatin consistencies required for testing. Gelatin must be the right recipe to pass the written calibration standard and clarity of the gelatin before testing. Precise gelatin consistencies allow for a controlled experimental environment in which the results from conducted experiments can be directly compared in conjunction with test results from other sites including building 309 gun range. As discussed in paragraph 8-Market Research, the product from Custom has a bloom (clarity) value in the range of 245-255, whereas, their primary competitor’s product is higher, in the 255-265 range. The lower bloom value in the Custom product is critical to the Government’s needs because it determines how well the team is able to see with high speed camera.

Aside from the technical limitations of competiting products, bringing a different brand and/or material make-up into the fabrication process would cause testing inconsistencies between testing sites and result in debilitating mission delays. Additionally failure to procure VYSE® Professional Grade Ballistic Gelatin would cause delays that would include, but are not limited to, allowing time (approximately 1 year) for the fabrication of a new “recipe”, mixture quality testing/evaluation and the time-consuming process of having the new mixture certified for ballistic testing. Lastly, all of these factors could take years of testing the new brand/recipe with countless man hours and could cost upwards of $100,000.00.

6. Efforts to Obtain Competition:

The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. Because this is a sole source action, effective competition is not anticipated. In compliance with FAR Part 5.201 a notice of intent to sole source synopsis was posted to SAM.gov on 9 October 2024 for 15 days. No responses were received for this action, thus supporting the justification for making this requirement a sole source.

7. Actions to Increase Competition:

The commercial VYSE ballistic gelatin that is being sought is patented, unique and proprietary to Custom Collagen. Thus, it is not possible to encourage competition with the proposed source, as that would necessitate the release of details about their practices, which are patented and proprietary in nature. Should ARL, through continued monitoring of the market, internet searches, or consultations with industry Subject Matter Experts (SMEs), discover another manufacturer that could provide the Government's minimum requirements, ARL will not hesitate to competitively procure a system from another source. If any sources are found that can provide the same ballistic gelatin, a technical evaluation will be utilized to determine if these sources can be considered for competitive interest. Further, ARL will support potential future partners by maintaining visibility of efforts as agreeable to Custom Collagen.

8. Market Research:

An Engineering Technician, with 17+ years’ experience in this field has conducted market research from March 2024 through June 2024. The Technical Point of Contact (TPOC) conducted several market research efforts, such as querying government wide databases, contacting subject matter experts, review of market research efforts for similar or identical items, and completing internet searches.

The market research found one (1) Gelatin manufacturer, Gelita, CAGE code 1E0L1, as a close competitor to Custom Collagen, Inc. however they do not produce a product that keeps within the same tolerances as VYSE® Professional Grade Ballistic Gelatin thus are not a responsible source for this requirement. Gelita has three types of Ballistic gelatin, only one (1) (Gelita Ballistic 3 type A) of the three (3) comes close in specifications to Custom Collagen. Custom Collagen’s bloom (clarity) value is 245-255 where as Gelita’s is 255-265. This value is critical because this is how well you are able to see with high speed camera, and the lowest possible value is desired. Additionally, Custom Collagen holds a tighter viscosity value 4.2-4.6 where Gelita is 3.4-4.6. This measurement is also critical because it determines how consistent the gel is made. If this varies too much it affects the end result of the test and adds unwanted variables to testing.

9. Interested Sources: No other sources have expressed a written interest in this proposed requirement.

10. Other Facts:

a. Procurement History

Contract: W911QX24P0030 Contractor: Custom Collagen Inc., CAGE code 37XK3 Award Date: 2023/12/13