JA-0465-redactions_(ACC-WRN-16-2003).pdf

Control No:

Justification and Approval for Other Than Full and

Open Competition

1. Contracting Activity: Army Contracting Command – Warren (ACC-WRN) is the procuring activity for this action.

2. Description of Action: This approval is for a new Firm Fixed Price (FFP) contract using Army Working Capital Funds (AWCF) for the procurement of the item described below.

3. Description of Supplies/Services:

a. NOUN: Umbrella, Tank Shade

b. QUANTITY: 69 EA

OPTION QUANTITY: 69 EA

c. NSN: 2350-01-575-2009

d. ARMY PN: 4053

e. VEHICLE SYSTEM: ABRAMS FOV

f. ESTIMATED UNIT PRICE: $2,704.02

g. ESTIMATED VALUE: $186,577.38

ESTIMATED OPTION VALUE: $186,577.38

ESTIMATED TOTAL VALUE: $373,154.76

h. PRON NUMBER: EH4V0006EH

4. Authority Cited: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

The tank shade umbrella, vendor part number 4053, The Government currently does not have a fully detailed level III TDP or performance specification that is sufficient to allow full and open competition of this item.

Freedom of Information Act, Exemption #4 - Reveals contractor's specific technical solution

ACC-WRN-16-2003

The tank shade umbrella can only be procured from Saab Barracuda LLC, Cage Code 1X5J9, as the current product drawing and TDP do not fully disclose complete technical requirements to be used in a full and open competition. In order to develop a competitive TDP, considerable engineering efforts would have to be expended to develop a comprehensive performance specification and/or conduct reverse engineering of the tank shade umbrella. The tank shade umbrella was developed, designed, built, tested, and approved at Saab Barracuda LLC’s expense.

Therefore, the technical data required to manufacture these containers is considered proprietary to Saab Barracuda LLC. Currently, Saab Barracuda LLC is the only contractor who has the required technical and engineering knowledge, production facility expertise, internal configuration control, overall management capability and quality testing capabilities necessary to produce this item.

ARDEC-RI Engineering estimates that the cost to develop a competitive package for this item through reverse engineering could run as high as $300,000. Developing a competitive package through reverse engineering would cause an estimated delay of at least 24 months to include fabrication and testing of the prototype hardware and releasing a validated TDP. It would then take an additional $100,000 and about 6 months for the ARDEC engineers to develop the Government’s requirements for the prospective contractor to produce and qualify the item listed in section 3. Finally, it would cost $100,000 and take at least 6 months to conduct the actual Engineering analysis to determine if a new source has become approved in accordance with the newly competitive TDP.

The overall costs associated with developing a competitive TDP, to include reverse engineering, developing the Government’s requirements, and engineering analysis would be at least $500,000.00 dollars which would not be recovered through subsequent competition.

The aggregate delay in the acquisition process for the development of a competitive TDP is at least 36 months. A delay of this scale is not acceptable in fulfilling the Army’s requirements, would have significant detrimental impact on the Army’s ability to support the soldier in the field, and would jeopardize the availability and supportability of Abrams FOV.

6. Efforts to Obtain Competition:

No efforts are anticipated to be made to increase competition, due to funding constraints.

Qualifying a new source would require a substantial expenditure of the limited funding that has been provided to support the Abrams FOV.

7. Actions to Increase Competition:

There are no current plans to acquire a competitive TDP, due to funding constraints.

8. Market Research:

This item appears on the Competition Advocate's Shopping List (CASL), dated 3 Jun 2015. The CASL contains TACOM-Warren's projected buy list of sole source items for the next three years based on the AMRC Codes of 3, 4 and 5. It is updated and advertised twice a year in the

FedBizOpps and is available to interested contractors on the TACOM-Warren Business Opportunities website under the Future and Potential Buys Link. Contractors interested in competing on any items listed are instructed to contact the Competition Advocate's Office.

On 20 July 2015, Dongil Juhn, ARDEC-RI Engineer, conducted a Google search for the customized military grade tank shade umbrella. This search did not yield new production sources for this item. There are no commercial equivalents or non-developmental items available to meet the Government's requirements or that will satisfy the Government need without qualification testing.

9. Interested Sources:

To date, no other sources have expressed an interest in competing for this requirement.

10. Other Facts:

Procurement History: None

11. Technical Certification: Include the following statement:

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.

Name: Tom Wilson________

Date: 20 July 2015

Title: APO, Abrams Matrix Support ARDEC-RI

Signature: _//s//Tom Wilson___

12. Requirements Certification: Include the following statement:

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: Date: __9 February 2015_______________

Title: Signature: __/s/ Jennifer Barrere : Inventory Management Spec___

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 results of a Cost and Price Analysis and other than certified cost or pricing data. A certificate of cost or pricing data will not to be required.

Lisa Behnke Date: _20 July 2015_______

Contracting Officer Signature: _//S//LB_______

14. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Lisa Behnke Date: _20 July 2015_______

Contracting Officer Signature: _//S//LB_______

Approval

Based on the foregoing justification, I hereby approve the procurement of 69 each Umbrella, Tank Shade with 100% option, on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(iii)(A), “Only One Responsible Source”, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: __18 August 2015_________________ Signature:

X Lisa Behnke Contracting Officer