Justification and Approval for Other Than Full and Open Competition (SPRDL126R0023)

This document is a Justification and Approval (J&A) for a non-competitive procurement action by the Defense Logistics Agency Weapons Support (DLAWS) Warren facility on behalf of the Integrated Logistics Support Center Detroit Arsenal. DLAWS proposes to award a firm-fixed-price contract to Pearson Engineering Limited (CAGE K0824), located in New Castle Upon Tyne, United Kingdom, for the supply of National Stock Number 2590-99-403-8281 Three Station Base Assembly (Part Number CS2014). The component is used on the Assault Breacher Vehicle (ABV), with a base quantity of 15 units and no options, using Army Working Capital Funds. The procurement is justified under 10 U.S.C. 3204(a)(1) and FAR 6.302-1 (Only One Responsible Source), citing that the Government does not possess rights to the Technical Data Package (TDP) or specifications and that the cost to develop alternative sources would be prohibitively expensive relative to the procurement value.

The contracting officer determined that competition is not feasible due to data unavailability, with estimated reverse-engineering costs for developing an alternative source significantly exceeding the contract value. A Sources Sought Notice was posted on SAM.gov for 14 days, resulting in one response from Bay Shore Steel Works, LLC (a Small Native American Owned 8(a) business). The interested source was informed of the Pearson Engineering requirement and provided source approval documentation for future procurement consideration. Prior procurement history shows contract SPRDL1-20-C-0039 with Pearson Engineering under sole source authority. The procurement includes small business subcontracting requirements unless awarded to a small business concern, with applicable FAR clauses for small business utilization and competition in subcontracting.