Final_G-18-J-018_-_Sole-Source-Theissen_Parts.pdf

Control No: G-18-J-018 Program/Equipment: Theissen Targetry Repair Parts

Version –March 2017 FOR OFFICIAL USE ONLY

MARING.DUWAIN.S.1

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS –

SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Grafenwöhr Training Area Range Support Warehouse procure target repair parts

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: Base Period: 1 Sept 18 to 31 Aug 19 Value: $ 150,000.00 Option Period 1: 1 Sept 19 to 31 Aug 20 Value: $ 150,000.00 Option Period 2: 1 Sept 20 to 31 Aug 21 Value: $ 150,000.00 Option Period 3: 1 Sept 21 to 31 Aug 22 Value: $ 150,000.00 Option Period 4: 1 Sept 22 to 31 Aug 23 Value: $ 150,000.00

Total: $ 750,000.00

Prepared by: Mr. F. E. Roberts III

Range Warehouse Operations Manager Email: Frederick.e.roberts.civ@mail.mil

DSN: 475-7205

Date: 23 April 2018

Contracting Officer: Herr Wolfgang Hochholzer Contracting Officer

DSN: 475-8727

Email: wolfgang.hochholzer.LN@mail.mil

Technical: Mr. F. E. Roberts III Range Warehouse Operations Manager Email: Frederick.e.roberts.civ@mail.mil

DSN: 475-7205

Date: 23 April 2018

Requirements: Herr Josef Höllerl Production Control Technician Email: josef.hoellerl2.ln@mail.mil

DSN: 475-7150

Date: 23 April 2018

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager: USAREUR Range Training Land Program Manager Typed Name: Mr. Duwain Maring

DSN: 475-7456

Signature: MARING.DU Digitally signed by

WAIN.S.1095 095767474

767474 Date: 2018.05.29 09:55:01 +02'00' mailto:Frederick.e.roberts.civ@mail.mil mailto:wolfgang.hochholzer.LN@mail.mil mailto:Frederick.e.roberts.civ@mail.mil mailto:josef.hoellerl2.ln@mail.mil

Version –March 2017 FOR OFFICIAL USE ONLY

Legal Counsel:

Typed Name:

DSN:

Signature:

BAILEY.TODD.

R.1381223244

Digitally signed by

BAILEY.TODD.R.1381223244

Date: 2018.05.31 18:36:23 +02'00'

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: Regional Contracting Office (RCO) Bavaria

2. Description of Action: USAREUR RTLP requests an IDT (Requirements) type contract with Theissen Training Systems GmbH, Dusseldorf. The Government projects award for August 2018. Funds will be used as required per Delivery Order.

This action is a follow-on to contract W912PB-14-D-3020. That contract was not competed under authority 13.5 Test Program, Section 4202 of the Clinger Cohen Act.

Paragraph, “Actions to Increase Competition” of the previous justification, stated: Every action is reviewed to determine its feasibility for competition. However, until the current vendor’s patent tights and proprietary change, or the entire Targetry system and ranges are replaced with another manufacturer, we will be unable to obtain competition.

3. Description of Supplies/Services: THEISSEN targetry systems, components, and repair parts in support of USAREUR’s Range Operations and Training Area Support;

consisting of Stationary Infantry Targets (SIT), Moving Infantry Targets (MIT), Stationary Armored Targets (SAT), Moving Armor Targets (MAT), and hundreds of other items of associated targetry equipment in use throughout USAREUR; which are all manufactured by THEISSEN. This requirement is only for system components and repair parts – no maintenance or repair services are required from THEISSEN and no labor will be included in the contract.

This requirement is used to purchase repair parts in sustainment support of targetry systems throughout the remainder of the current lifecycle of the existing targetry systems, using appropriate fiscal year OMA funding (planned FY19 funding for base year, FY 20 funding for option year one, FY 21 funding for option year two, FY 22 funding for option year three and FY 23 funding for option year four). The contract will consist of one base year with four option years.

Amount: Base Period: 1 Sept 18 to 31 Aug 19 Value: $ 150,000.00 Option Period 1: 1 Sept 19 to 31 Aug 20 Value: $ 150,000.00 Option Period 2: 1 Sept 20 to 31 Aug 21 Value: $ 150,000.00 Option Period 3: 1 Sept 21 to 31 Aug 22 Value: $ 150,000.00 Option Period 4: 1 Sept 22 to 31 Aug 23 Value: $ 150,000.00

Total: $ 750,000.00

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other: Only one source can meet government’s requirements for spare parts with proprietary design.

5. Reason for Authority Cited:

THEISSEN is the producer of the target systems, and is the only source that can provide compatible repair parts. The repair parts are a proprietary design, and no other manufacturer’s parts will work with the THEISSEN system. Failure to purchase the required parts would hinder range operations and unit readiness of both US soldiers and NATO partner nations.

6. Efforts to Obtain Competition: The government conducted market research to determine whether other companies make compatible spare parts. The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: The government will continue to conduct market research in the future to seek other options. Should compatible parts become available, future requirements will be competed.

8. Market Research: TACOM Targetry Team POC: Ms. Jill Grissom, Lead Weapon System Manager, jill.l.grissom.civ@mail.mil provided a Market Research Request for Information (RFI) was posted to the Federal Business Opportunities (FedBizOpps). The RFI was posted on 8 Sept 2015 with closing date of 13 Nov 2015. Five responses were received from: MTSI, SSI, SAAB Defense and Security USA LLC, Senspex, Inc. and Theissen Training Systems. The Market Research Questionnaire asked contractors to provide spare part numbers, recommended quantities for cost saving purposes, if parts are on their GSA schedule, whether its spare parts are commercially available or considered “non-commercial” and proprietary to their company, what assembly does the part belong to, lead time in months to produce the initial parts, suggested quantity for range discounts, demand and failure rates and any additional notes or special considerations for each spare part. Below are the results for the contractor: THEISSEN, submitted detailed information in accordance with (IAW) the RFI. The contractor also indicated their spare parts are considered “non-commercial” proprietary spare parts. The contractor also indicated some spare parts have become obsolete and are no longer available.

9. Interested Sources: N/A mailto:jill.l.grissom.civ@mail.mil

10. Other Facts:

Procurement History Total value of original contract: $ 1,200,000.00 Contractor Name: Theissen Period of Performance: 11 June 2014 to 31 August 2018 Contract Number (if known): W912PB-14-D-3020

THEISSEN parts will continue to be needed to support training requirements of U.S.

Army, Europe, and the ready availability of repair parts will preclude the negative impact to readiness capability should these systems become inoperable due to lack of repair parts. There is a continuing need for repair parts/components for the THEISSEN Targetry Systems for which THEISSEN is the only source.

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: Mr. F. E. Roberts III Date: 27 April 2018 Title: RSW Manager Signature:

ROBERTS.FREDERICK. Digitally signed by ROBERTS.FREDERICK.ERNEST.1005827201

ERNEST.1005827201 Date: 2018.05.22 15:56:30 +02'00'

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: Mr. Duwain Maring Date: 27 April 2018 Title: USAREUR RTLP Manager Signature: Digitally signed by

MARING.DUWAIN.S.10957

IN.S.109576747 67474

Date: 2018.05.29 09:53:27 +02'00'

MARING.DUWA

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 based on Price Analysis.

This determination will be made using the following:

analysis IGCE audit: other price analysis cost

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Date:

Title: Contracting Officer Signature:

Digitally signed by

HOCHHOLZER.WOLFGANG.1

OLFGANG.12747 274760601

60601 Date: 2018.06.04 11:17:58 +02'00'

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

Typed Name: Date: HOCHHOLZE Digitally signed by

HOCHHOLZER.WOLF

Title: Contracting Officer Signature: R.WOLFGANG GANG.1274760601

.1274760601 Date: 2018.06.04 11:08:29 +02'00'

X

HOCHHOLZER.W

Version – March 2017 FOR OFFICIAL USE ONLY

Approval Based on the foregoing justification, I hereby approve the procurement of Targetry Repair Parts on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Scheryl Forsythe-Bolling Advocate for Competition

Date: 2 July 2018 Signature: