JA-00610_Redacted Final2.pdf

JA-00610 - W56HZV-23-R-0062

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

JA-00610 - W56HZV-23-R-0062

1. Contracting Agency: Army Contracting Command-Detroit Arsenal (ACC-DTA) is the responsible contracting activity for this action.

2. Description of Action: ACC-DTA proposes to award a new Firm-Fixed-Price (FFP) contract to G.T. Machining & Fabrication LTD (G.T.), Commercial and Government Entity (CAGE) Code: 3AR59, for the procurement of National Stock Number (NSN):

3950-20-010-1538, Nomenclature: Winch, Drum, Power Operated, using Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: The supplies to be acquired under the proposed contract are new Winch, Drum, Power Operated, NSN: 3950-20-010-1538, CAGE/ Manufacturer Part Number 3AR59/A4809173. The Winch, Drum, Power Operated are used on the Bridge Adapter Pallet (BAP).

4. Authority Cited: The statutory authority permitting other than full and open competition for this effort is 10 United States Code (U.S.C.) 3204(a)(1) as implemented by FAR 6.302-1(a)(2)(ii)(B), 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 (B) Unacceptable delays in fulfilling the agency’s requirements.

5. Reason for Authority Cited:

Background G.T. is the OEM for the BAP end item which uses the Winch, Drum, Power Operated assembly. Pullmaster Winch Corporation, TWG Canada CAGE: 38335 (Pullmaster) is the OEM for their winch assembly.

Only

G.T. can provide this Winch, Drum, Power Operated assembly to the Government.

The Government does not have the pertinent technical data to enable competitive re-procurement. This includes technical data from both the OEM G.T. and from the Winch, Drum, Power Operated assembly OEM Pullmaster. Pullmaster was asked regarding licensing their data, but rejected those offers. On 22 February 2023, the Contract Specialist (CS) asked G.T. via email if they would be interested in licensing the technical data to the Government. G.T. respectfully declined via email on 23 February 2023. The unavailability of technical data for the component Winch, Drum, Power Operated assembly and for the end item installation is cause for the delay to enable possible competitive re-procurement.

Unacceptable Delay Estimate through Competition

This information is provided by a Subject Matter Expert (SME) in DEVCOM- Ground Vehicle Systems Center (GVSC) with over 30 years of experience in manufacturing, reverse engineering, TDP, and configuration management. This unacceptable time delay for potential competitive procurement identifies firm schedule limitations and does not result from a lack of planning.

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 posted to SAM.gov.

b. Subcontracting competition: A small business subcontracting plan is not required as the total contract value is not expected to exceed the statutory dollar threshold of $750,000, in accordance with the statutory requirements in FAR 19.702(a).

7. Actions to Increase Competition: The Government is taking no further action to increase competition for future procurements due to the reasons cited in section 5 above. Only G.T. has the expertise and knowledge necessary to satisfy the requirement.

The Winch, Drum, Power Operated technical data package (TDP) is not owned by the Government. The Government does not have plans to license the TDP from G.T. due to low quantity of spare parts procured and the OEM currently supplying all needed parts in a timely manner. Any cost expended could not be recovered through successive competitive contracts.

No vendors are in the process of being qualified at this time, nor will be prior to the contract award. In addition, there has not been any expressed interest by any known contractors to become a qualified source to produce the Winch, Drum, Power Operated.

8. Market Research: A Sources Sought Notice/Request for Information (RFI) was issued by the ACC-DTA Contract Specialist seeking companies capable of producing the Winch, Drum, Power Operated. The Sources Sought Notice was posted to SAM.gov on 16 August 2022. The notice was open for 14 days with responses due on 30 August 2022. As a result of this posting, there were no responses. An additional RFI was sent directly to the G.T. as the sole source contractor. G.T. responded with the survey filled out on 17 October 2022, confirming this item to be noncommercial and that they are the sole source contractor.

Market Research via Internet results:

Keyword: NSN: 3950-20-010-1538, Manufacturer Part Number/CAGE

A4809173/3AR59

Website:

https://www.gsaadvantage.gov/advantage/ws/main/start_page?store=ADVANTAGE

Findings: The NSN and Part Numbers were not found on the GSA website. This continues to back up G.T.'s response that this item is noncommercial.

Keyword: NSN: 3950-20-010-1538 Website: https://www.nsn-now.com/detail/summary.aspx?nsn=SG8nhiXsmktplW3DUVDf2Qk%2fiji0v%2f2iJ%2fPn mM0PLg6EZy1rMNOC%2fjGKLv5lBAKH

9. Interested Sources: To date no additional sources have expressed interest in this item.

10. Other Facts:

a. Procurement History:

(1) Contract W56HZV-20-P-0145 was awarded to G.T. MACHINING &

FABRICATING LTD (3AR59) on 17 July 2020; total contract value: $137K.

Contract SPRDL1-18-P-0577 was awarded to CANADIAN COMMERCIAL

CORPORATION (98247), G.T. MACHINING & FABRICATING LTD (3AR59)

on 6 September 2018; total contract value: $80K.

(2) All previous contracts were awarded using other than full and open competition.

(3) All previous contract actions were awarded under FAR 13.106-1(b)(1), “Soliciting from a Single Source” for purchases not exceeding the simplified acquisition threshold.

(4) Paragraph 5 of the previous J&A (signed 6 April 2020) stated the Government does not have the pertinent technical data to enable competitive re-procurement. The Winch, Drum, Power Operated was developed, designed, built, tested, and procured at G.T.’s expense. There are also multiple testing requirements, including additional durability testing, that only G.T. has been able to meet the requirements. There would be excessive costs and delays to test to validate another TDP to compete.

(5) No prior contracts for this item utilized full and open competition.

(6) There are no unusual patterns identified in the procurement history.

(7) All previous justifications for the Winch, Drum, Power Operated cited FAR

13.106-1(b)(1) “Soliciting from a Single Source” for purchases not exceeding the simplified acquisition. For this procurement, the increase in dollar value resulting in an estimated value over the simplified acquisition threshold requires the citing of FAR 6.302-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

b. Other Facts: Not Applicable.

11. Technical Certification: I certify that the supporting data under my cognizance