AWARD
96 -- MINI GREEN LASERS GLARE MOUT 532P-M
- Notice Date
- 10/1/2009
- Notice Type
- Award Notice
- NAICS
- 333314
— Optical Instrument and Lens Manufacturing
- Contracting Office
- M67854 MARINE CORPS SYSTEMS COMMAND Quantico, VA
- ZIP Code
- 00000
- Solicitation Number
- M6785409R1076
- Response Due
- 9/11/2009
- Archive Date
- 11/30/2009
- Point of Contact
- LARRY HUBBARD, CONTRACT SPECIALISTPATSY D. STEFAN, CONTRACTING OFFICER
- Small Business Set-Aside
- N/A
- Award Number
- M67854-09-P-1076
- Award Date
- 9/30/2009
- Awardee
- ATLANTIC DIVING SUPPLY, INC. (DUNS 027079776)477 VIKING DR STE 350VIRGINIA BEACH VA 23452-7369
- Award Amount
- 1,190,160.00
- Line Number
- 0001
- Description
- J&A Number: 12,832.0 LIMITED SOURCE JUSTIFICATION TO 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(g)(1)(b). LIMITED SOURCE 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 The use of other than full and open procedures for the issuance of a Firm Fixed Price (FFP) contract for the procurement of B.E. Meyers GLARE-MOUT 532P-M Mini-Green Lasers. The proposed action requires limiting competition to sources on the basis of obtaining the Brand Name item. The total estimated dollar value of this requirement is $1,081,500. 3. Description of Supplies/Services Under the proposed contract, the Marine Corps will procure 228 GLARE-MOUT 532P-M Mini-Green Lasers and one Technical Manual per system. The B.E. Meyers GLARE-MOUT 532P-M Mini-Green is a Commercial-Off-The-Shelf (COTS) American National Standards Institute, Standard IEC Class 3B visible weapon mounted Laser system with a Nominal Ocular Hazard (NOHD) distance of 25.2 meters. It is designed to be an effective short 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(c(1), 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 The Army Rapid Equipping Force transferred 392 B. E. Meyers GLARE-MOUT 532P-M Mini-Greens to Marines supporting Operation Iraqi Freedom (OIF) in 2007. The Program Manager, Optics and Non-Lethal Systems (PM ONS) procured five B. E. Meyers GLARE-MOUT 532P-M Mini-Greens to obtain safety approval from the Naval Laser Safety Review Board (NLSRB) and to conduct training. The NLSRB approved use of the B. E. Meyers GLARE-MOUT 532P-M Mini-Green as a mounted device on 1 February 2008. B. E. Meyers is the designer, developer and manufacturer of the GLARE-MOUT 532P-M Mini-Green and to date, is the only manufacturer with the necessary expertise to manufacture a Dazzling Laser that meets the short range capability gap identified in the Urgent Universal Need Statement (UUNS). The B. E. Meyers GLARE-MOUT 532P-M Mini-Green has gone through successful testing by the NLSRB, training packages have been developed, and training has been conducted in the Continental United States (CONUS) and Outside Continental United States (OCONUS). CONUS training is continually conducted in three locations. No other manufacturer can develop, produce, and complete testing in time to meet schedule requirements or has the prerequisite technical knowledge, special tooling and familiarity to manufacture a comparable GLARE-MOUT 532P-M Mini-Green without incurring additional costs to the United States Marine Corps (USMC). 6. Efforts Made to Solicit Potential Sources The PM ONS procured the five B. E. Meyers GLARE-MOUT 532P-M Mini-Greens in 2007 via a Request for Quote. The following three sources submitted a quote: ADS Inc., B. E. Meyers & Co. Inc., and Amron International. ADS Inc. was the successful bidder that was determined to be the best value. Recent market research revealed that the B. E. Meyers GLARE-MOUT 532P-M Mini-Green is still available through the three sources referenced above, at a minimum. Other similar products do not meet or cannot be modified to meet the Marine Corps' need in a timely manner. The B. E. Meyers GLARE-MOUT 532P-M Mini-Green has completed safety testing and has been approved by the NLSRB for Marine Corps use. Competing for other manufacturers would require development/modification of a Dazzling Laser that meets the requirements in the Statement of Need (SON), retesting and reevaluation by the NLSRB, and development of additional training materials and scenarios, which would negate any cost benefit derived from competition to solicit for another brand of mini green laser. 7. Determination of Fair and Reasonable Cost In accordance with FAR 15.402, the Contracting Officer (CO) shall ensure that all supplies ordered under this contract are procured at a fair and reasonable price. The B. E. Meyers GLARE-MOUT 532P-M Mini-Green is a COTS item with established commercial pricing. The CO also has historical pricing from the three quotes referenced in paragraph 6 that will be used in determining a fair and reasonable price. The CO will seek large quantity discounts when possible. 8. Description of Market Research As stated in paragraph 6 above, efforts were previously made to solicit sources that manufacture similar items. Results from the market research were that other than B. E. Meyers product, no other products on the market could meet the Government's requirement. Testing has confirmed that the B. E. Meyers GLARE-MOUT 532P-M Mini-Green brand meets the requirements of the Government. 9. Other Supporting Facts Marines require non-lethal EOF capabilities to safeguard the lives of innocent civilians while protecting the force. The B. E. Meyers GLARE-MOUT 532P-M Mini-Green capability is essential to EOF tactics, techniques, and procedures (TTPs) missions and tasks at Vehicle Check Points (VCP) and during convoy security operations. Contract award to another source will result in unacceptable delays in fielding this critical capability. 10. Listing of the Available Sources for the GLARE MOUT 532P-M -ADS Inc.-B. E. Meyers & Co. Inc. -Amron International11. Actions Taken to Remove Barriers to Competition Currently, B. E. Meyers is the only manufacturer capable of meeting the Marine Corps' requirement for a short range Dazzling Laser. The PM ONS will conduct market research to seek other sources if additional requirements are received in the future. 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 FundingDescriptionFY08FY09FY10FY11FY12FY13PMC CoreProduction$607,500$421,000$0$0$0$0PMC SUPPLProduction$53,000Total$607,500$474,000$0$0$0$0Program Total$1,081,500The B. E. Meyers GLARE-MOUT 532P-M Mini-Green is fully funded. Fiscal Year (FY) 08 and 09 Core and FY09 Supplemental Procurement Marine Corps (PMC) funding in the amount of $1,081,500 is available to buy out the acquisition objective of 228 systems stated in the SON. The estimated schedule of funding for the B. E. Meyers GLARE-MOUT 532P-M Mini-Green program is as follows: 14. Acquisition Plan A Marine Corps Single Acquisition Management Plan (MC-SAMP) is being developed and will be staffed for final signature by the Director, Infantry Weapons Systems (IWS) upon completion. However, based on the dollar value of the procurement no formal acquisition plan is required. 15. Documentation of Spare and Repair Parts Acquisition The B. E. Meyers GLARE-MOUT 532P-M Mini-Green is a Stores Account Code (SAC) 3 consumable item; therefore, no spares will be procured with this acquisition.
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