JA_SPRDL1-18-R-0213_Redacted.pdf

J&A: SPRDL1-18-R-0213

(Previous J&A SPRDL1-17-R-0205 is available and embedded in document)

J&A SPRDL1-18-R-0213

Justification and Approval for Other Than Full and

Open Competition

1. Contracting Activity The Contracting Activity for this action is the Defense Logistics

Agency-Warren (DLA-WRN)

2. Description of Action The proposed action is to award a new contract with option for Lift

Motor. Competition will be limited to Dresser, Inc. (cage 1MEG0). This action will be funded using Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: The contractors shall provide the Lift Motor for the M1

Abrams per part number SXA0738 (NSN:3040-01-560-1736). The unit value is and quantity of this contract is 66 with option quantity 66. The value of the contract is with option value for a total estimated value of .

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

Acquisition Method Suffix Code: (AMSC): H The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source(s). This code is applicable only to parts under immediate buy requirements and only for as long thereafter as the deficiency is under review for resolution and appropriate recoding. This code is only assigned at the conclusion of limited screening, and it remains assigned until the full screening process resolves physical data questions and results in assignment of a different AMSC.

4. Authority Cited: The statutory authority permitting other than full and open competition is

10 USC 2304(c) (1), as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

FAR 6.302-1(a)(2)(ii)(A)(B) provides that “supplies may be deemed available only from one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. Supplies may be deemed to be available from the original source in the case of a follow-on contract when award to another source would result in substantial duplication costs to the Government that would not be recovered through competition or unacceptable delays in filling the Government's requirements”

5. Reason for Authority Cited: This TACOM procurement action requires the use of the authority cited: the only approved source is DRESSER, Inc [1MEG0] who supplies this part as the Prime Contractor (AMSC: 5B). URS [29674] is listed as providing the same part in FLIS but is not the Prime subsystem integrator for the ABV. The Technical Data Package (TDP) and its proprietary rights are not owned by the Government and as such, the data required to produce a competitive TDP are not currently available. The quantity of parts in this PRON as

J&A SPRDL1-18-R-0213

compared to the cost of developing a new TDP as well as an alternate contractor of the associated components, testing and tooling, does not justify the additional time and expense associated with an a full and open competition. An alternate contractor would need a detailed

TDP and detailed manufacturing information that would need to be generated utilizing reverse engineering methodology through the use of considerable Government resources. The cost of such resources would not be recoverable through low volume subsequent competition. The engineering estimate for the cost of developing an alternative source includes the TDP development, reverse engineering, procuring proprietary data, product tooling, manufacturing tooling, testing and qualification and engineering/personnel resources. Considering these factors, the engineering estimate is well over . This estimate is purely an engineering estimate based on engineering experience. Additionally, the timing to execute a new program with an alternate contractor is estimated to take approximately 2-3 years, which would render equipment unusable for that period of time, which does not effectively serve the mission requirements.

6. Efforts to Obtain Competition: Competition will not be pursued at this time, due to the timing, complexity and resources required to produce these parts. A single-source action to this contractor is in the best interest of the Government to meet the quality needs.

7. Actions to Increase Competition: The approved source, DRESSER, is the sole owner of their drawings and technical data rights. The Government did not buy their proprietary rights to produce a competitive TDP and the contractor did not express interest in selling the TDP to the government when asked. DRESSER has demonstrated the ability to establish and maintain the processing required to successfully produce a finished item. They qualified the Line

Demolition Charge Systems in the past specifically and only for both the USMC and Army

Assault Breacher Vehicle (ABV).

8. Market Research: The extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources is a Sources Sought Notice within the previous 12 months. This item does not appear on the Competition Advocate’s Shopping List (CASL) or the Advanced Procurement Planning List (APPL). To date, no other sources have expressed a written interest in the acquisition of this item. Should potential sources respond to the synopsis in FedBizOpps, they will be evaluated by the appropriate engineering office as an alternate source.

Sources Sought Notice has been submitted to Fed Biz Opps on 02/08/2018

Component: Lift Motor

NSN: 3040-01-560-1736

Part Number: SXA0738

End Item: Assault Breacher Vehicle (ABV)

J&A SPRDL1-18-R-0213

9. Interested Sources: To date, no other sources have written to express an interest.

10. Other Facts:

a. Procurement history

Contract: SPRDL1-18-C-0122

Award Date: 2018 Jan 11

Contractor: AFP Industries, Inc.

Value:

Competitive Status: Limited Source

Authority Cited: FAR 6.302-1, Only One Responsible Source

a. Acquisition Data Available: The Technical Data Package (TDP) and its proprietary rights are not owned by the Government and as such, the data required to produce a competitive TDP are not currently available.

b. Unusual and Compelling Urgency: N/A

c. Subcontracting Competition: The government will require the awarded contractor to submit a subcontracting plan, which will include the efforts to subcontract to small business IAW FAR19.704.

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: Date: 26 December 17

Title: Signature:

Typed Name: Date: , 04Jan18

Title: Signature:

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: Date: 04Jan18

Title: Signature:

Typed Name: Date: Date: 04 Jan 18

Title: Signature:

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.

Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable. The appropriate forms of cost and/or price analysis will be utilized and negotiations will be conducted if necessary. Due to the estimated dollar value, certified cost and pricing data will be required in accordance with FAR 15.403.

Typed Name: Date: 2018Feb06

Title: Signature:

14. Contracting Officer Certification:

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

Typed Name: Date: Morris Belleville 02/06/2018

Title: Signature: Contracting Officer Morris A. Belleville /S/

15. Legal Certification:

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

Typed Name: Date: 9 FEB 2018

Title: Signature: // //

Approval Authority for Acquisitions Equal to or Greater Than .

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

Based on the foregoing Justification, I hereby approve the procurement of the following:

a. Noun: Lift Motor

b. NSN: 3040-01-560-1736

c. Basic Quantity: 66

d. Basic Estimated Value:

e. Option Percent: 100%

f. Quantity with Option: 66

g. Estimated Value with Option:

This action will be awarded under other than full and open competition pursuant to the authority of 10 USC 2304(c)(1) and subject to the availability of funds. This approval is subject to the proviso that the property herein described has otherwise been authorized for acquisition.

Signature:

Date: 15 Feb 2018