99--LA-9/P Laser Systems

MCSC CT021 J&A Number: 13,069.0 JUSTIFICATION AND APPROVALTO PROCURE USING OTHER THAN FULL AND OPEN COMPETITION Upon the basis of the following justification, I, as the Competition Advocate, hereby approve the issuance of the contractual action described herein using other than full and open competition pursuant to the authority of 10 U.S.C. 2304(d)(1)(B) which implements Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii). JUSTIFICATION 1. Contracting Activity Marine Corps Systems Command (MARCORSYSCOM)Program Manger, Optics and Non-Lethal Systems (PM ONS) Contracts Group2200 Lester StreetQuantico, VA 22134-6050 2. Nature/Description of Action Approval is requested to use other than full and open competition to fill a requirement to procure 282 Green Beam Designators III (Custom) (GBD-IIIC) retrofitted with a Safety Control Module(SCM), known as the LA-9/P, due to "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements." The proposed action encompasses the negotiation and award of a Firm Fixed Price contract to B.E. Meyers & Co. Inc., 14540 NE 91st Street, Redmond, WA 98052. The total estimated dollar value of this requirement is $3,705,000 3. Description of Supplies/Services Under the proposed contract, the Marine Corps will procure 282 B. E. Meyers LA-9/Ps overpacked with Government approved Installation Instructions, LA-9/P Technical Manual (TM) 11352A-OI per system and 282 pelican cases. The additional 2 LA-9/P are to replace combat losses that were sustained during FY09. The LA-9/P will replace the currently fielded GBD-IIIC. Using the GBD-IIIC alone has the potential to cause eye injury when used within the Nominal Ocular Hazard Distance (NOHD) of 62.9 meters established by the Navy Laser Safety Review Board (NLSRB) on 8 May 2009. The LA-9/P is the result of integrating an eye-safe laser range finder with the GBD-IIIC to prevent inadvertent lasing within the NOHD. The LA-9/P is a Commercial-Off-The-Shelf (COTS) American National Standards Institute, Standard Z136.1 Class 3B laser that can mount to a weapon system or a pistol grip. When armed and activated, the SCM beam precedes the GBD-IIIC green beam to determine if an object is within the NOHD. The mechanical controls designed into the SCM will not allow the GBD-IIIC to fire if it detects a target within the NOHD. Any object attempting to enter the green beam along the horizontal axis will first enter the SCM beam. The LA-9/P is designed to be an effective medium range non-lethal warning device to deter and dissuade non-combatants in current and future missions from encroaching unauthorized zones; thereby, expanding engagement options of Marines during Escalation of Force (EoF) procedures at Entry Control Points (ECPs), Vehicle Check Points (VCPs) and during convoy security operations. 4. Identification of Statutory Authority The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(d)(1)(B) which implements FAR 6.302-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements." 5. Demonstration of the Contractor's Unique Qualification and Rationale for Use of the Authority Cited B.E. Meyers is the designer, developer and manufacturer of the GBD-IIIC and attached SCM, which are Commercial Off the Shelf (COTS) items. The Government does not have any intellectual property rights in or to the GBD-III and/or the SCM. Moreover, the Government does not have a technical data package, which would permit the procurement of the GBD-III and/or the SCM through full and open competition. Therefore, pursuant to Federal Acquisition Regulations (FAR) 6.302-1(b)(2), which implements 10 U.S.C. 2304(c)(1), the existence of limited rights in data make the supplies and services available from only one source. Notwithstanding the fact that the existence of limited rights in data make the supplies and services in support of the GBD-III and the SCM, which comprise the LA-9/P laser system, available only from B. E. Meyers, supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency's requirements pursuant to FAR 6.302-1(a)(2)(ii) which implements 10 U.S.C. 2304(d)(1)(B). Any other source would have to develop the various proprietary components of the GBD-III and the SCM, which were designed by B.E. Meyers exclusively at its private expense. The amount of time required for another source to develop the capability of the various proprietary componets of the GBD-III and the SCM is conservatively estimated at not less than nineteen (19) months. Furthermore, award to any other source would require a Laser Hazard Evaluation (LHE) and NLSRB approval prior to being fielded and employed. The B. E. Meyers GBD-IIIC and SCM that make up the LA-9/P laser system is the only laser system that has been approved by the NLSRB Dahlgren Division, Naval Surface Warfare Center for Marine Corps deployment. The amount of time required to perform the requisite testing, evaluation and certification is conservatively estimated at not less than six (6) months. Therefore, the amount of time required for another source to develop the capability of the various proprietary componets of the GBD-III and the SCM, and perform the requisite testing, evaluation and certification is estimated at not less than twentyfive (25) months, and would result in unacceptable delays in satisfying these requirements in support of the warfighter's prosecution of Operation Enduring Freedom (OEF). 6. Efforts Made to Solicit Potential Sources A Pre-Award Synopsis was issued on NECO on 1 July 2009. This announcement expressed the Marine Corps' intent to award a contract on a sole-source basis for the supplies identified herein. Moreover, the synopsis invited any interested parties to submit a statement of capability for satisfying this requirement. No inquiries or responses were received in response to this synopsis. 7. Determination of Fair and Reasonable Cost The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The B. E. Meyers LA-9/P is a COTS item with established commercial pricing. Price Analysis and historical pricing from previous buy of the GBD-IIICs and SCMs will be used in determining a fair and reasonable price. Quantity discounts will be sought. 8. Description of Market Research The synopsis discussed above in paragraph 6 served as a contemporaneous market survey by advising industry of the pending acquisition and soliciting capabilities from any interested parties. No inquiries or responses were received. 9. Other Supporting Facts As provided in paragraph 5, the GBD-IIIC and attached SCM are COTS items. The Government does not have any intellectual property rights in or to the GBD-III and/or the SCM. Moreover, the Government does not have a technical data package, which would permit the procurement of the GBD-III and/or the SCM through full and open competition. 10. Listing of Interested Sources None; see paragraph 6 above. 11. Actions Taken to Remove Barriers to Competition The PM ONS will conduct market research to seek other sources if additional requirements are received. In addition, the Marine Corps has started the Ocular Interruption Program that will develop a system to replace the LA-9/P. As this is an acquisition effort the new device is not scheduled for fielding until FY14. 12. Statement of Delivery Requirements Delivery is to begin 120 days after contract award and will be completed within twelve months of the first delivery date. 13. Estimated Dollar Value of the Acquisition Covered by This J&A Fiscal Year (FY) 08 PMC Global War on Terroism (GWOT) funding has been identified for the procurement of 244 B. E. Meyers LA-9/P systems and FY 09 PMC OOTW funding has been identified for the procurement of 38 B. E. Meyers LA-9/P systems. The estimated schedule of funding for the B. E. Meyers LA-9/P program is as follows: Description FY08 FY09 FY10 FY11 FY12 FY13Production $3,204,000 $0 $0 $0 $0 $0Production $0 $501,000 $0 $3,204,000 $501,000 $0 $0 $0 $0$3,705,000 14. Acquisition Plan A written Acquisition Plan is not required due to the fact that this procurement does not meet the threshold dollar amounts delineated in DFARS 207.103(d)(i). no acquisition is required 15. Documentation of Spare and Repair Parts Acquisition The LA-9/P is a Stores Account Code (SAC) 3 consumable item. Therefore, spares will not be procured with this acquisition. All other components are catalogued and in the Marine Corps Supply system.