SWIR_JA_FINAL_20AUG18.pdf

Control No: NCD-18-71 Contractor: Sensors Unlimited

Program/Equipment: SWIR Pocket Scope

Version – March 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: United States Special Operations Command, PM Special Programs/Short-Wave Infrared (SWIR) Pocket Scope (SPS)

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $2,981,370

Prepared by: Kevin W. Hutcheson DSN: 654-0767 DAPM, Fire Support Date:

Email: kevin.w.hutcheson.civ@mail.mil

Contracting Officer: Leo J. Fratis DSN: 343-8401 Contracting Officer Date:

Email: leo.j.fratis.civ@mail.mil

Technical: Kevin W. Hutcheson DSN: 654-0767 DAPM, Fire Support Date:

Email: kevin.w.hutcheson.civ@mail.mil

Requirements: CAPT Dean Chuva DSN: 383-8411 Chief, Combat Systems Date:

Email: dean.chuva.1@us.af.mil

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

Program Manager:

Typed Name: Kurt Frulla

DSN: 654-3554

Signature:

Legal Counsel:

Typed Name: Elizabeth Kafel

DSN: 256-9571

Signature:

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Army Contracting Command-Aberdeen Proving Ground, Natick Contracting Division, ATTN: CCAP-SCN, General Greene Avenue, Natick, MD 01760

2. Description of Action: PM Special Programs requests a firm-fixed-price new contract with Sensors Unlimited, 330 Carter Road, Suite 100, Princeton, NJ 08540. The Government projects award for August 2018 and fiscal year 2018, Procurement funds will be used.

3. Description of Supplies/Services:. The Sensors Unlimited Short-Wave Infrared Pocket Scope with Multi-Mode Tracking (SPS and SPS MMT) is a Miniature handheld short-wave infrared (SWIR) spotting scope capable of providing users with handheld imaging capability in the 0.7 – 1.7 um wavelength, Pulse Rate Frequency (PRF) decoding (3 codes simultaneously) with selectable color spot options. This capability is an immediate need and highly important in regard to providing the means to accurately and expeditiously locate specific target marker and designating lasers in a near-peer combat environment.

CLIN Description Max Qty Unit

Price Max Total

0001 SWIR Pocket Scope 8 30,000 240,000

0002 SWIR Pocket Scope-Multi Mode Tracker

70 32,999 2,309,930

0003 L1 Lens Accessory Kit 8 5,500 44,000

0004 M1 Lens Accessory Kit 8 5,500 44,000

0005 Cable Assembly, Ext, Power and Video 78 300 23,400

0006 Pelican Transport Case 78 150 11,700

0007 Shipping (Per shipment not per item) Per Shipment

N/A N/A

Ordering Period: August 2018 to August 2019 Total Value: $ $2,981,370

4. Authority Cited:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements application for brand name description.

5. Reason for Authority Cited: The Sensors Unlimited scope is currently the only Commercial off the Shelf (COTS) ready scope that meets the end users requirements and satisfies an immediate need.

As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302-1(c), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

In the current near peer operating environment that exists on the battlefield, both enemy and friendly forces utilize lasers which emit Pulse Repetition Frequencies (PRF). These PRF’s are spectrum specific and are used to accurately mark targets and/or specific locations. The user is able to set the specific PRF code into the laser which enables effective target marking and handoff between the firer and anyone needing to correctly identify a specific target/location. Unfortunately, these lasers can only be viewed with a device that operates in the specific laser spectrum being used (in this case, short-wave infrared (SWIR)).

The current marketplace has many devices that provide this capability. However, the current operating environment is also a very crowded battlefield; and many sister services as well as coalition partners (and possibly opposing forces) are utilizing these devices for the same purpose. Problems arise when multiple lasers are being used in the same fight by different elements (in and out of communications contact) and discriminating between them becomes an issue for both the laser firers and also for those who are attempting to identify specific targets for which those lasers are marking, specifically those who do not have the viewing capability to actually identify specific PRF coded lasers.

Current SWIR imagers can only see one PRF-marked target. The requirement being sought is a single device that can see and discriminate multiple PRF-marked targets, all within the same device. The Sensors Unlimited SPS MMT exhibits this capability, responds to the needs of the government user, is available as a COTS item, and is essential to the government’s requirement.

6. Efforts to Obtain Competition: In the SWIR marketplace there are only two vendors, (Sensors Unlimited and Safran Optics 1) that currently produce miniature multi-mode PRF coded laser tracking devices. These two vendors are the only two that have already invested into solving the problem outlined above. Of those two, Sensors Unlimited has a product ready for production, Safran Optics 1 will not be ready to release a fully tested and functional model until December. Other vendors indicated they can engage in a developmental project if financed, but none is available within the time period required. PM Special Programs requires fielding this product immediately in order to maintain essential mission capability. Award to any other source will result in unacceptable delays.

a. Safran Optics 1 is currently developing the COSMO, which when completed is anticipated to be comparable in size and weight. This item is still being finalized and is expected to deliver its first product in December 2019. However, the COSMO has a long-lead delivery timeline due to the integrated quad sensor that is used to identify the PRF Codes. This quad sensor is not produced by Optics 1, but by a subcontractor who has demonstrated during the current product development that the complexity in producing this particular sensor is time intensive and not always precise, causing a build timeline of this particular sensor to last as long as 2-6 months. Due to this fact, even though the first products may be ready for testing and/or delivery in December overall product delivery timelines may extend into 3rd and 4th quarter of fiscal year 2019.

b. Effective Competition: Because this is a sole source action, effective competition is not applicable.

c. Subcontracting Competition: No subcontracting opportunities exist.

d. The Government will continue to monitor and query industry in an effort to increase competition and maximize the MMT capability to its fullest potential. PM-SP will continue to monitor the progress of the COSMO and when available, will aptly comply with including the product in any future competitive contracting actions.

7. Actions to Increase Competition: Program Manager Special Programs (PMSP) has worked with Optics 1 over the past year in the effort to produce the COSMO. Delays in development and production of this item have been detailed and outlined in Paragraph 6.

Two companies have stepped to the fold and produced viable solutions, Sensors Unlimited and Safran Optics 1.

a. As stated in paragraph 6, the COSMO (once finally completed, tested, and ready for procurement) is being touted by the manufacturer to have similar performance attributes when compared to the SPS-MMT, and it is believed that over time the proliferation of COSMO devices, regardless of customer, will drive cost parity between the two devices. All other respondents to this action besides Optics 1 and Sensors Unlimited require additional time and resources required to produce this capability.

b. All CLIN items (except CLIN 0006) are Sensors Unlimited proprietary items.

CLIN 0006, while not proprietary, has specific foam molding on the inside to protect, store, and transport all other CLINs post-purchase and cannot be broken out for separate competitive actions. Based on the results of market research, future requirements for this item will be fulfilled through full and open competitive procedures.

8. Market Research: Subject Matter Experts (SMEs) routinely attend tradeshows, conferences, and symposiums specifically focused on fire support visual augmentation technology. Those include;

a. The Shooting, Hunting, Outdoor, and Tactical (SHOT) Show, Las Vegas, NV, 2017, 2018.

b. Association of the United States Army (AUSA) Conference, Washington D.C., 2016, 2017, 2018.

c. Modern Day Marine, Quantico, VA, 2017.

Below is a listed of SMEs who conducted market research:

Name: Title: Workplace: Dates of Market

Research:

Justin Sloane Deputy Assistant Program Manager -

VAS

PMSP 1QFY13 through current date

Kevin Hutcheson

Deputy Assistant Program Manager - FS

PMSP 1QFY17 through current date

Capt. Dean Chuva

Combat Developer AFSOC 1QFY13 through current date

Dr. Brett Bagwell

Principal Engineer of the Technical Staff

Sandia National Labs

1QFY13 through current date

Andy Zybas Program Manager in support of SOCOM

Norwich University 1QFY13 through current date

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a sources sought was posted to Federal Business Opportunities on 13 July 2018 for ten (10) days and the results were as follows:

Atollo Engineering, FLIR, L3 Technologies, Northrop Grumman, Safran Optics 1, and Raptor Phonotics all proposed developmental solutions. Sensors Unlimited meets the requirements and is commercial off the shelf available immediately. Based on the results of market research, no other manufacturer’s product meets, or can be modified to meet, PM Special Programs’ requirement without sustaining unacceptable delays.

9. Interested Sources: See paragraph above for listing of sources that have written to express and interest in the acquisition and their reason for rejection. To date, no other sources have written to express interest in the acquisition.

Preliminary technical information submitted by the above companies in response to the FedBizOpps notice has been reviewed by the requiring activity who have advised that every response, except Sensors Unlimited, does not appear to meet the requirements in the RFP.

10. Other Facts:

a. Procurement History: This proposed action is a follow-on acquisition to earlier efforts by this contractor as outlined below, the replication of which would result in significant duplication of cost and effort:

a. Procurement History: Sensors Unlimited has provided this product to the Customer via No Cost Loan and it has been deemed appropriate to provide the essential capabilities being sought.

i. No Cost Loan:

KO Shop: RDA (KO Wayne Cato) Contract: H92236-16-H-3056, awarded 29 August 2016 (No Cost Loan) Description: SWIR Pocket Scope (Sensors Unlimited)

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.

Typed Name: Kevin W. Hutcheson Date:

Title: DAPM, Fire Support Signature:

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.

Typed Name: CAPT Dean Chuva Date:

Title: Chief, Combat Systems Signature:

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 price analysis.

As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): A commercial item is being acquired.

Typed Name: Leo J. Fratis Date:

Title: Contracting Officer Signature:

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

Typed Name: Leo J. Fratis Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the brand name procurement of Short-Wave Infrared (SWIR) Pocket Scope (SPS) on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Dennis Longo Date:

Competition Advocate Signature: