JA_SPRDL1-19-R-0113 (3)_Redacted.pdf

J&A SPRDL1-19-R-0113

Prior Procurement Unavailable

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 5-year, long term contract with range pricing, for Slip Ring Assembly. Competition will be limited to Moog Inc. (CAGE 99932). This action will be funded with Army Working Capital Funds (AWCF).

3. Description of Supplies/Services

This contract is to provide Slip Ring Assemblies per part number listed in Table 1 (Vendor PN:

1023354). The estimated unit value is and the max quantity of this contract is 401 EA with a minimum quantity 129 EA. The estimated value of the contract is .

The PRON Number associated with this justification is EH81L578EH.

The Slip Ring Assembly is a critical component of the turret that is used in the M1A2

ABRAMS FOV.

Table 1 – Part Number

NSN NOMENCLATURE P/N

3040-01-462-8494 Slip Ring Assembly 12437467

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

Acquisition Method Suffix Code: (AMSC): B - This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application.

Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained.

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.”

5. Reason for Authority Cited: Slip Ring Assembly, P/N 12437467, which is manufactured by Moog Inc., is used in the M1A2 ABRAMS FOV.

This item is sourced controlled to Moog, Inc. (CAGE Code: 99932), the sole developer and manufacturer. The Government does not have fully detailed level III TDP or performance specifications that is sufficient to allow full and open competition of the item.

The government technical data does not disclose all the data/information necessary to produce the slip ring assembly. Since the slip ring assembly was developed and tested at private expense, the technical data/information is considered proprietary to Moog, Inc. Currently, Moog Inc. is the only known source that possesses the required technical knowledge and engineering expertise to successfully produce this item per the government TDP.

In the absence of a fully competitive TDP, an award to any sources other than Moog Inc. is not considered feasible at this time.

6. Efforts to Obtain Competition: There are no current plans to acquire a competitive TDP because funds are not available to acquire the data necessary to support a competitive acquisition. The Combat Capabilities Development Command (CCDC) Armament Center estimates that the cost to develop a competitive package for this item through reverse engineering could run as high as $2,000,000 and require an estimated delay of at least 36 months to include fabrication and testing of the prototype hardware, and releasing a validated TDP. Since there are no procedures in place to determine whether other sources are qualified to meet the government’s requirements, it would then take an additional $500,000 and take about 12 months for the U.S. Army/CCDC Armaments Center engineers to develop government’s requirements for the prospective contractors to produce and qualify the item listed in section 3.

Finally, it would cost $500,000 and take at least 12 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 government requirements, and engineering analysis would be at least $3,000,000.00 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 60 months. A delay of this scale is not considered acceptable in fulfilling the Army’s requirements and would have significant detrimental impact on the army’s ability to support the soldier in the field and will jeopardize the availability and supportability of Abrams FOV.

7. Actions to Increase Competition: No contractors are in the process of being qualified at this time nor will be prior to the contract award due to funding constraints. The funding associated with qualifying a new source is not expected to be recovered through subsequent competition.

Qualifying a new source would require a substantial expenditure of the limited funding that has been provided to support the Abrams FOV. New sources would require the development of extensive testing and processing procedures. The additional time required for these actions would prohibit delivery of the items in a time frame that would meet the Government’s requirements.

Per section 7, potential vendors can submit requests to become a source through the Source Approval Process at any time. Per section 9, a Sources Sought Notice was posted. Based on the detailed rational provided in paragraph 6 above, the Government has no plans to obtain additional competition for this proposed contractual action.

Subcontracting Competition: FAR clause 52.244-5, Competition in Subcontracting, will be included in the contract to assure that the prime contractor obtains as much competition as possible in its subcontracting.

8. Market Research: On 24 May 2019, the CCDC Armaments Center Engineer and Configuration Management Officer conducted market research using a variety of methods including, Google, IHS Haystack, and NSN Now. These searches have revealed that the item 12437467-Slip Ring Assembly is not available for procurement from any other distributor than the source listed on the drawing. Therefore, the item should be acquired directly from the actual manufacturer, Electro-Tec Corporation Moog Inc. Components Group, since the Government physically doesn’t have in its possession a complete Technical Data Package (TDP) of this item to proceed to procurement through full and open competition. Based on an inadequate TDP and the engineer’s experience and knowledge of Abrams FOV in general, she has made the determination that no valid alternate item, which meets the Government requirements, can be a substitute for the Slip Ring Assembly at this time.

Sources Sought Notice has been submitted to FedBizOpps on 19 OCT 2018 Component: SLIP RING ASSEMBLY

NSN: 3040-01-462-8494

Part Number: 12437467 End Item: Tank, MlA2 Abrams family of vehicles Link:

https://www.fbo.gov/index?s=opportunity&mode=form&id=b04e75dcd361754a8f4f111d4 acb3570&tab=core& cview=0

2019-041.pdf

9. Interested Sources: To date, no other sources have written to express an interest in supplying this item pursuant to the Sources Sought Synopsis or otherwise.

10. 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: 29 May 2019 Title: APO, Abrams Matrix Support CCDC Armaments Center-RI

Email_

11. 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: 03 June 2019 Title: Signature: Inventory Management Specialist

Typed Name:

Date: 3 June 2019 Title: Dir, CM&R PSID 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. Based on the estimated dollar value, certified cost and pricing data will be required IAW FAR 15.403.

Typed Name: Morris Belleville Date: 06/12/2019 Title: Contracting Officer Signature: Morris A. Belleville /S/

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

Typed Name: Morris Belleville Date: 06/12/2019 Title: Contracting Officer Signature: Morris A. Belleville /S/

15. Legal Concurrence:

Concur:

Date: 06/17/2019

Approval Authority for Acquisitions Equal to or Greater Than $700,000.

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: Connector Assembly

b. NSN: 3040-01-462-8494

c. Guaranteed Minimum Quantity: 129 EA Estimated Maximum Quantity: 401 EA

d. Estimated Minimum Value:

Estimated Maximum Value:

e. Option Percent: N/A

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 provision that the property herein described has otherwise been authorized for acquisition.

Signature:

Date:

SHEARER.MARY.E.1250702

Digitally signed by

SHEARER.MARY.E.1250702449

Date: 2019.07.10 07:14:56 -04'00'