Airborne Systems, Inc Sole Source

Naval Special Warfare Command, Contracting Department, San Diego, CA 92155 intends to award a Firm Fixed Price (FFP) contract on a sole source basis to Airborne Systems, Inc, the Original Equipment Manufacturer (OEM) and sole distributor of the Ram Air Parachute Assembly and associated parts (MT-2XX). The bais for the sole source is as follows: This is a life-support system under the program guidance of the CNO per OPNAVINST 3501.225. The OPNAVINST provides that "All commands exercising operational and/or administrative control of Navy Parachutists shall implement the policies and procedures of reference (a) through (q) and this instruction as they relate to the Navy P3 Program." Reference (b) is NAVSEAINST 13512.1 Premediated Personnel Parachuting (P3) equipment Authorized for Navy Use. As the P3 Program and associated ANU are managed by Naval Sea Systems Command (NAVSEA), specifically PEO LMW through the PMS NSW, technical authority for the system also resides there. Per the NAVSEA instructions, parachutes are designated as a Category 1 item and the Ram Air System is the only authorized Military Freefall parachute. IAW OPNAVINST 3501.225 NAVSEA is the only certifying authority for these systems and the Airborne Systems Parachutes are certified in NAVSEAINST 13512.1. With only two exceptions from OPNAV for Naval Air Warfare Center China Lake and Naval Special Warfare Development Group, Navy commands are prohibited from conducting R&D on parachutes or from use of alternative Systems. The Ram Air Parachute Assembly is unique in its design, by its convertible features from static line to free fall, its high weight capacity and high altitude performance. The Parachute assembly and all sub-components are solely manufactured and supported by Airborne Systems. The data rights for the parachute were developed by Airborne at their expense, as such they are the only source to possess the technical data to support their specific system. The lack of document, and quality/performance acceptance test procedures prohibits any other source form directly manufacturing these systems or replacement parts. This is a commercially available item, however military tested and approved. The Government however did not develop or procure the technical data rights which make it impossible for the Government to evaluate and determine whether non-Airborne Systems Canopies are equivalent, or whether non-Airborne System Canopies will compromise the required reliability and effectiveness of the system. Additionally, as this is a commercial item, efforts to procure parts and support for these assemblies from any other source would be expending time, effort, and dollars for no appreciable benefit or gain to the government and conflict with FAR Part 12. The use of the certified System is mandatory for preventing serious injury and/or loss of life and failure of this equipment could have serious consequences for deployed military forces. The systems will be acquired in accordance with Federal Acquisition Regulations (FAR) Part 12, Acquisition of Commercial Items and FAR Part 13.5 Test Program for Certain Commercial Items.