JA-00380 Redacted_Final.pdf

CMO Control Number 2021-082 JA-00380

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: Army Contracting Command-Detroit Arsenal (ACC-DTA).

2. Description of Action: ACC-DTA proposes to award a new, five-year, Firm Fixed-Price Requirements contract to Meggitt Safety Systems, Inc. (CAGE 25693) or its authorized distributor(s) utilizing Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: This acquisition is for the Bracket Assembly, Detector, National Stock Number (NSN) 5340-01-667-2638, United States Government (USG) part number (PN): 12570688, used on the Equipment capab1lrt1es, hm1tat1ons, and vulnerab1lrt1es

The deliverables for this Long-Term Contract (L TC) are for an estimated total quantity of 500 each. The total estimated value of this contract is $3,244,000, based on an Independent Government Cost Estimate.

4. Authority Cited: The statutory authority permitting other than full and open competition for this effort is: 1 O United States Code (U.S.C.) 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1 (a)(2)(ii), "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 (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition.

5. Reason for Authority Cited:

The Bracket Assembly, Detector contains (USG PN 12466802-4 I Vendor PN 8904-04), which is source controlled to Meggitt Safety Systems OPSEC Equipment capabilities, hm1tat1ons, and vulnerab1ht1es

The USG does not possess a complete build to print technical data package (TOP) for the (12466802-4). The meets requirements specific to its intended function and meets USG specifications. Meggitt Safety Systems has developed, tested, and obtained USG approval-

OPSEC Equipment capab1hties, limitations, and vulnerab1ht1es

OPSEC Technical and sC1ent1fic proprietary data developed by a contractor

OPSEC Readiness and vulnerability assessments

On 18 May 2021 , the Contract Special ist emailed Meggitt Safety Systems about procuring or licensing the TOP for the . Meggitt Safety Systems stated it does not share its TOP or Intellectual Property

Duplication of Costs: Currently, Meggitt Safety Systems is the only approved source■ OPSEC Equipment capabilities, lim1tat1ons, and vulnerabilities

Reverse engineering is the only option for the USG to develop a competitive TOP needed for full and open competition .

OPSEC Readiness and vulnerability assessments

OPSEC Detailed budget data OPSEC Equipment capab11it1es, lim1tat1ons, and vulnerab11it1es

OPSEC Readiness and vulnerability assessments

OPSEC Detailed budget data

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. All notices required by FAR 5.201 will be published, and the Government will consider any bids or proposals received.

b. Subcontracting competition: Meggitt Safety Systems is a large business and the sol icitation and resulting contract will include FAR clauses 52.219-8, "Utilization of Small Business Concerns"; 52.244-5, "Competition in Subcontracting"; 52.219- 16, "Liquidated Damages--Subcontracting Plan"; and Defense Federal Acquisition Regulation Supplement (DFARS) 252.219-7003, "Small Business Subcontracting Plan (DoD Contracts)," to maximize small business opportunities and utilization.

7. Actions to Increase Competition: As the Government does not have the pertinent technical data to enable a competitive procurement, the Government will continue to request that Meggitt Safety Systems license the TOP OPSEC

- to enable competitive re-procurement. There are no other plans to increase competition for future procurements due to the reasons cited in Section 5 above.

8. Market Research: A Sources Sought Notice was posted and market research was conducted for this action.

a. The Contract Specialist issued a Sources Sought Notice on the SAM.gov website on 11 May 2021 with a closing date of 26 May 2021 . Two contractors responded with capability statements, Mistral Group and Precision Welding. The capability statements show that the contractors are capable of manufacturing the bracket and purchasing the sensor from Meggitt Safety Systems.

b. Meggitt Safety Systems and its distributor stated via email , that they both intend to bid on this procurement.

c. Additional market research was conducted by the United States Army Ground Vehicle Systems Center (GVSC) Engineering in January 2021 . Research included reviewing vendor catalogs and searching for product literature publ ished onl ine in an effort to find other manufacturers, commercial items, or non developmental items that could meet or be modified to meet, USG needs-

OPSEC Equipment capab1ht1es, hm1tat1ons, and vulnerab1ht1es

9. Interested Sources: To date, no additional sources have expressed interest in th is item, other than the two contractors that responded to the Sources Sought Notice described above.

10. Other Facts:

a. Procurement History: No previous procurement history is available. This is a first-time spare part procurement.

CMO Control Number 2021 -082 JA-00380

b. Other Facts: none

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 bel ief.

Name: Celeste R. Kozinski Title: Division Chief - Sustainment Engineering Email : celeste.r.kozinski.civ@mail.mil Signature:

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X C e l este Kozinski 9/21 /2 1

Signed by: KC>ZINSKI.CELESTE.RENEE.'1392 ·1S9130

12. Requirement Certification: I certify that the supporting data under cognizance, which are included in the justification, are accurate and complete to the best of knowledge and belief.

Name: Elena Moralez-Alvarez Title: Combat Maneuver & Recovery (CM&R) PSID Director Email : elena.moralez-alvarez.civ@mail.mil Signature:

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X E l e n a lv'loralez- Alva r ez

S i gned by: MC>RALEZ-ALV AREZ. ELENA. 1093SSSCSSA..

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This determination will be based on the results of a detailed cost, price, and technical analysis. The contractor will be required to submit certified cost and pricing data as the expected value of th is procurement falls within the threshold. This item is determined to be non-commercial.

Name: Mark Hirsch Title: Contracting Officer Email : mark.r.hirsch.civ@mail.mil Signature:

9 / 2 1/2021

S igned b y : HIRS CH. I\.IIAR K. RAYf'V'IOND. 1 127 0 58802

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

Name: Mark Hirsch Title: Contracting Officer Email: mark.r.hirsch.civ@mail.mil Signature:

9 / 2 1 / 2021

S i g ned by: H I RSCH. l'V1ARK. RAYI\.IIC>ND.11270SSS02

CMO Control Number 2021 -082 JA-00380

Approval

Based on the foregoing Justification, I hereby approve the procurement of an estimated quantity of 500 each, Bracket Assembly, Detector, NSN: 5340-01 -667- 2638, on an other than full and open competition basis, pursuant to the authority of 10 U.S.C. Section 2304(c)(1), as implemented by Federal Acquisition Regulation 6.302-1 (a)(2)(ii), "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements." This acquisition is subject to the availability of funds, and provided that the property herein described has otherwise been authorized for acquisition . The total estimated value of th is acquisition is $3,244,000.

Signature:

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X L a Rut h Shepherd

S igned b y : S H EPHERD. L.ARUTH. 1 2 30673116

Competition Advocate