84--Notice of Sole Source Award

Justification and Approval for Other Than Full and Open Competition Control Number W5K9FH JA 11-0001 1. Contracting Activity: CENTCOM Contracting Command (C3), Regional Contracting Center (RCC) - Leatherneck, Camp Leatherneck, Afghanistan, FPO AE 09372. 2. Description of Action: This is a new Firm Fixed Price (FFP) contract using FY11 Funds. These funds have been transferred using a Military Interdepartmental Purchase Request from the Joint Improved Explosive Device Defeat Organization. These are FY11 Joint Improvised Explosive Device Defeat Funds (Appropriation 2093). 3. Description of Supplies/Services: The Protective Undergarment (PUG) uniform item consists of two tiers of protection for United States (US) Military personnel in combat operations. The materiel must provide low velocity fragment protection of the perineum/genitals, be light-weight, stretchable, washable, and breathable. Items must be composed of two layers of silk which has been impregnated with anti-microbial materials with V50 of 570 ft/s for a 2.5 grain projectile. The Tier I provides pelvic anti-microbial underwear; protects against sand, grit, dirt, and prevents the infection of wounds. Tier II provides ballistic groin protection and armored exterior shorts which protect femoral artery and the groin. The items to be procured are no more than 185,000 Tier 1, and no more than 45,000 Tier 2 blast PUG to Forces in Afghanistan. The procurement's total estimated cost is $19,008, 000.00 (USD). RC(SW) requires that delivery to Afghanistan commence no later than 8 weeks from award. 4. Authority Cited: 10 U.S.C. 2304 (c) (1) as implemented by FAR 6.302-1(a)(2)(ii); Only one responsible source and no other supplies or services will satisfy agency needs. 5. Reason for Authority Cited: U.S. Forces in Afghanistan sustain significant losses of life and serious injuries to the genital, perinea, and femoral artery areas resulting from combat operations and improvised explosive devices (IEDs). The Leatherneck/Bastion hospital has kept records of perinea injuries since December of 2010. Since this time, there have been 72 injuries of the perineal area treated at this hospital. The loss of battlefield forces due to these types of injuries significantly impacts the U.S. Force's combat effectiveness and ability to sustain high-tempo operations. Cooneen, Watts, and Stone, Ltd., (CWS) already provided 27,500 Tier I protective undergarments to US Forces operating in Afghanistan and is the sole provider of Tier I (approx. 250,000 units to date) and Tier II (approx. 50,000 units to date) protective undergarments to British Forces operating in Afghanistan. Pursuant to FAR 6.302-1(a)(2)(ii), and for reasons identified below, CWS is the only logical choice for providing Tier I and Tier II Protective Undergarments to U.S. Forces currently serving in combat in Afghanistan. Awarding to CWS is the required interim solution for numerous reasons. US and British Soldiers and Marines are currently using this particular item and have confidence in its ability to perform. When considering the difference between life and death, "combat tested" becomes an invaluable measure of effectiveness. The undergarments manufactured by CWS have demonstrated both their effectiveness in saving lives and limbs also their effectiveness in the harsh environment of Afghanistan. The Leatherneck/Bastion Hospital has also kept records of the number of potential perineal injuries that were prevented by the Tier I and Tier II systems worn by British Soldiers. The medical professionals have determined, indepedently, that this system provides a 25% absolute risk reduction and a 50% relative risk reduction. This means that at least 18 of the perineal injuries treated at the hospital would have been prevented had this system been used. Additionally, the silk, anti-microbial fabric provides a level of "wearability" that is acceptable in this theater. In austere environments, with temperatures reaching 120 degrees, while wearing body armor and other heavy equipment, frequent laundering is impossible, so bacertia growth increases in clothing where sweat collects (i.e. within undergarments). A laceration in this area is much more at risk for infection from both the projectile (primary infection) and from the bacteria growing in the area (secondary infection). Furthermore, with the possibility of fire as a threat, as well as the shrapnel related injuries from IEDs, it is absolutely essential that undergarments provide the Soldier and Marine a level of protection, not only against blast fragments, but also against fire and secondary infection. The anti-microbial treatment of the Cooneen, Stone, and Watts undergarments exhibits significant bacteriostatic (the level at which the material slows or inhibits the growth of bacteria) and bactericidal (the level at which the material kill bacteria completely) properties. Intertek Labtest UK Limited conducted independent testing of the above properties and this study has shown that this treatment reduces the risk of secondary infection. This highly specialized material as incorporated in the design of the Tier I undergarments is currently only available from CWS. It was originally developed in partnership with the U.K. Ministry of Defense (MoD) for military, was independently tested and verified, and its design is the property of the company. CWS is the only company that currently commercially manufactures double weave, silk, anti-microbial protective undergarments. As the only company currently producing these items, their soonest delivery period requires 8 weeks lead-time, with a completed full fielding of the requirement by within 13 weeks. Since no other company currently produces these items, developing, testing and manufacturing time-lines would increase the lead-time beyond an already lengthy lead-time directly resulting in further unnecessary significant injuries and death. Based on the current Force Strength in theater and the initial purchase of 27,500 Tier I sets of undergarments, the interim solution has since been determined to be a 3-1 ratio of Tier I to Tier II. Currently the Marines and Soldiers do not have enough of the Tier I issued equipment and none of the Tier 2 equipment to protect the perinea and genital areas. The Commanders have determined that it is an unacceptable risk to leave Soldiers and Marines exposed when an intermin solution exists. Every day that a Soldier or Marine patrols without this protection, he or she is at a greater risk of injury and death than if they had this protection. Commanders have identified this immediate need, and this procurement will satisfy that immediate need. PM Soldier Protective Equipment (SPE) under PEO Soldier and USMC SYSCOM PM Individual Clothing Equipment (ICE) are conducting tests and research to determine a long-term procurement strategy, but as with any large-scale procurement, this will take a significant amount of time. In the interim, the quantities for this requirement will fill a capability shortage within theater. Furthermore, this follow-on purchase will be tracked and evaluated in order to provide updated data in the development of future, long term solutions. This interim solution will provide enough protective equipment until PEO Soldier and USMC SYSCOM PM ICE develop a strategy to procure a long-term, sustainable supply of ballistic undergarments for permanent, Force-wide use. Without ballistic undergarments, US Forces will continue to suffer significant loss of life, and injuries resulting in an adverse effect on combat operations. For this immediate need, the ballistic undergarments manufactured by CWS represent the best and most cost effective solution. 6. Efforts to Obtain Competition: A notice of the Government's intent to award a non-competitive contract has been posted on the Governmentwide Point of Entry (GPE) www.fedbizops.gov. Any responses received will be considered by the Government for any future ballistic undergarment requirements. 7. Actions to Increase Competition: For future procurements of ballistic undergarments, USMC SYSCOM PM ICE is actively seeking and has had coordinated efforts with USA PM SPE, Army Research Lab (ARL), NRL, NATICK, MCWL and JTAPIC on different US CONUS based solutions and ballistic testing. Future efforts will be continued under normal procedures through Full and Open Competition. PEO Soldier has posted a Sources Sought notice (dated 29 June 2011) on the GPE for ballistic undergarments. 8. Market Research: Market Research was conducted and the following sources provided the following alternatives; however, none of these alternatives meet the US Forces's identified requirements: a). BCB International commercially manufactures a "Blast Boxer" which is advertised to protect against most fragments during blasts from IED's, and help guard against life changing injuries such as perineal and femoral artery injuries. However, BCB International's "Blast Boxer" is the only product provided. They do not provide a comparable product to the Tier II protective garment, nor is the "Blast Boxer" made with silk, anti-microbial fabric and is not proven to help protect against secondary infection. b). Ballistic Designer Underwear, made of moisture wicking polyester, is manufacutered by Imperial Armour, a South African Company. As with BCB above, this company provides no comparable product to the Tier II from Cooneen, Stone, and Watts, nor are the underwear made of anti-microbial treated silk and is not proven to protect against secondary infection. There is no record of this underwear being used or tested in Afghanistan. 9. Interested Sources: At this time, CWS is the only company that manufactures and distributes this product and meets all the requirements. Both USMC SYSCOM PM ICE and USA PM SPE have concurred with this assessment and Joint Improvised Explosive Defeat Device Organization (JIEDDO) has certified that the alternatives available will not meet the operational requirements of the PUG and are unacceptable, and that only anti-microbial, silk fabric will meet the operational requirement and immediate interim solution. 10. Other Facts: a). Procurement History. In February of 2011, the I Marine Expeditionary Force (FWD) at Camp Leatherneck initiated a requirement for 25,000 valued at $1,825,000. Market research was conducted and the Contracting Officer determined that a sole source award to CWS was appropriate based on test results from the British Ministry of Defense (MoD) and the urgent and compelling need for protective undergarments. The basis for the sole source requirement was FAR 6.302-2 Unusual and Compelling Urgency. On 12 March 2011, the contract number W5K9FH-11-P-0383 was awarded to Cooneen, Watts, and Stone for $1,825,000. On 29 March 2011, PM SPE requested an additional 2,500 units for use and testing and funded this request with $182,500. The Contracting Officer modified the existing contract, adding the additional quantities on 1 April 2011, which increased the value of the contract to $2,007,500.00. On 12 April, 2011, the Contracting Officer synopsized the sole source award on the GPE. b). Other applicable statutes and regulations. 10 U.S.C. 2533(d)(1) provides an exemption to the statutory requirement to purchase clothing from U.S. manufacturers if the procurement is outside of the United States in support of combat operations. 11. Technical Certification: I certify that the supporting data under my cognizance which is included in this justification is accurate and complete to the best of my knowledge and belief. Typed Name: David Thompson, Col, USMC Date: ___12 July__________ Title: II MEF (FWD) S&T Officer Signature:/original signed/ 12. Requirements Certification: I certify that the supporting data under my cognizance which is included in this justification is accurate and complete to the best of my knowledge and belief. Typed Name: Frederick E. Gaghan, CAPT, USN Date: _____12 Jul 11_______ Title: JIEDDO CAC, TRID Chief Signature::/original signed/ 13. Fair and Reasonable Cost Determination: These items meet the definition of a commercial item per FAR 2.102. In accordance with FAR 15.403-1(b)(3), the contracting office is exempt from requiring cost and pricing data and price reasonableness will be determined in accordance with FAR 12.209 and FAR 15.402 (a)(2). I have determined that the anticipated cost to the government for this contract action will be fair and reasonable. Prices for this purchase are comparable to the public sources researched through quotes and internet pricing, considering that none of the other sources provide double-weave, anti-microbial silk. Furthermore, the per unit pricing for this requirement is lower than the per unit pricing of the previous order in February 2011. Typed Name: Anthony E. Zupancic, MAJ, USA Date: _____12 Jul 11___________ Title: Contracting Officer, Deputy RCC Chief Signature:/original signed/ 14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. Typed Name: Robert J. Miceli, LTC, USA Date:___12 Jul 11________ Title: Chief, RCC-Leatherneck Signature:/original signed/ APPROVAL Based on the foregoing justification, I hereby approve the procurement of 185,000 Tier 1 protective undergarment (ballistic underwear), and 45,000 Tier 2 Protective Outer garments on an other than full and open completion based pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(ii), subject the availability of funds, and provided that the property herein described have otherwise been authorized for acquisition. /original signed/ ____14 Jul 11________ RDML NICHOLAS KALATHAS Date Commander , CENTCOM Contracting Command (C3) Head of Contracting Activity ******Note: Original Signed J&A is uploaded in ASFI***********