JA-00324_SPRDL124C0005_Redacted.pdf

SPRDL1-22-R-0077 (JA-00324)

No prior J&As are available

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

SPRDL1-22-R-0077

1. Contracting Agency: The Defense Logistics Agency (DLA) Land Warren is the responsible contracting activity for this action.

2. Description of Action: The proposed action is to award a new Firm-Fixed-Price (FFP) contract to DRS Technologies, Commercial and Government Entity (CAGE) Code 24270, for National Stock Number (NSN) 6130-01-681-8774, Controller Assembly. The type of funds to be used are Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: NSN 6130-01-681-8774, Part Number (PN) 12571109, Controller Assembly regulates the control to transmit data within the LRU (Line Replaceable Unit) on the Bradley Fighting Vehicle System (BFVS). The deliverables for this contract are for a base quantity of 50 each, with an option quantity of 50 each, for a total quantity of 100 each. The estimated unit price is each for a total contract maximum value, with option, of .

Acquisition Method Code (AMC): 3 - Acquire, for the second or subsequent time, directly from the actual manufacturer.

Acquisition Method Suffix Code (AMSC): D - The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCS 3, 4, or 5 are valid.

4. Authority Cited: The statutory authority permitting other than full and open competition is Title 10 United States Code (U.S.C.) Section 2304(c) (1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: DRS Technologies (CAGE 24270) is the Original Equipment Manufacturer (OEM) and owns the Technical Data Package (TDP) and test equipment for this Controller Assembly, PN 12571109 for production of the A4 Bradley.

The U.S. Government does not have rights to the TDP or specifications. DRS Technologies owns the proprietary internal design of the Controller Assembly. The U.S.

Government has no technical data for the proprietary internal design of each Controller Assembly produced by this vendor. No other companies have access to the proprietary technical data or test equipment owned by the qualified vendor, DRS Technologies. The U.S. Government does not have any additional information at this time that can be used to compete this requirement, and there is no process underway, or funding by which competition can be technically supported in a responsible time frame.

As addressed above, DRS Technologies owns all technical data rights for this component. Complete Level III TDPs, suitable for competition, are not available for purchase. To develop technical data, the U.S. Government would need to reverse

SPRDL1-22-R-0077 (JA-00324)

No prior J&As are available engineer these components which would not be practicable since there is no funding to qualify a new vendor. There are no vendors currently in the process of being qualified.

There are no current or planned efforts to qualify any additional sources for the reasons listed above, including the fact that there is no funding for this effort. Although this procurement will be restricted to the above source, every effort will be made to obtain potential sources by synopsis and posting to the Sam.Gov website.

As indicated above, the U.S. Government does not have a means of obtaining adequate information in a responsible time frame. Funding for a Reverse Engineering effort has not been budgeted for any future procurements of this item. It is estimated that a Reverse Engineering effort by a second contractor would take one year and $500,000.00 to obtain fully competitive technical data. This contractor would then need two years and $2,000,000.00 to produce prototypes for both in-house and on-vehicle testing to qualify their design of this item for use on the Bradley Turret. It should be noted that during this process, there is no guarantee that this process would result in a second vendor becoming a qualified production source for this item. Additionally, qualification of a second vendor would not guarantee any large decrease in unit cost. If the unit purchase price were to drop as much as 25 percent because of having competitive bids, the time to recoup these costs would not justify the effort expended.

6. Efforts to Obtain Competition:

a. Effective competition: Due to the reasons cited in section 5 above, the Government is not pursuing competition for this item.

b. Subcontracting competition:

SOLE SOURCE: Notices required by FAR 5.201 will be posted.

7. Actions to Increase Competition: There are no plans to increase competition for future procurements due to the reasons cited above.

There is currently no funding available to increase competition through the process of qualifying additional sources. Thus, due to the associated costs and unacceptable delays the Government is not actively pursuing additional sources for future procurements.

8. Market Research: A Sources Sought Notice was posted to beta.SAM.gov on April 7, 2022 and was open for 15 days. No responses were received.

In accordance with the tenets set forth in FAR 10.002(b)(2)(vii), Market Research was conducted by the U.S. Army, Combat Capabilities Development Command – Armaments Center, Rock Island on 23 February 2022. An online search for the words “Controller Assembly” “Bradley Fighting Vehicle” and “NSN 6130-01-681-8774” was conducted which did not yield any information about possible new production sources for Controller Assembly, P/N 12571109.