JA_SPRDL118R0505_Redacted.pdf

J&A SPRDL1-18-R-0505

Prior J & A SPRDL1-16-R-0274 is available

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 firm fixed price contract on a sole source basis for the procurement of Display Assembly, Raytheon Part Number 3227416-1.

This action will be funded using Army Working Capital Funds (AWCF).

3. Description of Supplies/Services: The proposed action is to procure 56 each of Display Asssembly under NSN 5895-01-476-7777 and MPN 3227416-1. The action is to include a 100% option for an additional 56 each. The estimate unit price of the item is The estimated base value is and option value is for an estimated total value of The procurement is to be made under PRON number EH8E0882EH with AWCF funds under a firm fixed price contract. This item is a part of the Bradley Fighting Vehicle System (BFVS).

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

Acquisition Method Suffix Code: (AMSC): R - The data or the rights to use the data needed to purchase this part from additional sources are not owned by the Government and it has been determined that it is uneconomical to purchase them. Valid AMCs: 1, 2, 3, 4, and 5.

4. Authority Cited: The Statutory authority for permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, "Only One Responsible Source and no other supplies or services will satisfy requirements."

5. Reason for Authority Cited: Display Assembly, Raytheon Part Number 3227416-1 is part of the Commander’s Independent Viewer (CIV) which was developed and produced by Raytheon Company, McKinney, TX 75070, CAGE 96214 for use on the A3 Bradley Fighting Vehicle System Turret. U.S. Army made a decision not to purchase any technical data for the CIV during the development and production of the A3 BFVS. Therefore, the entire CIV including this item is proprietary to Raytheon.

6. Efforts to Obtain Competition: At this time, there are no vendors currently in the process of being qualified to produce this CIV Display Assembly because the U.S Army does not own any techincal data or qualification procedures for it. The only way to obtain a complete Level 3 Technical Data Package (TDP) for the competitive procurement of the CIV Display Assembly, Raytheon P/N 3227416-1 would be by reverse engineering this item. A reverse engineering effort would take at least 1 year and cost $1 million to complete. It would then take 2 more years and cost $2 million for a new contractor to produce, qualify and conduct on-vehicle tests of a reverse engineered Display Assembly. Presently there is no funding available for a reverse engineering effort. Additionally, this 3 year delay prior to conducting a

J&A SPRDL1-18-R-0505

competitive procurement of this item does not meet the current need for spare parts to maintain the A3 Bradley Turrets.

7. Actions to Increase Competition: As stated in paragraph 6, there is no effort under way or funding where by the supplies/services described in paragraph 3 for this proprietary item can be competed. Even if the U.S. Army obtains funds for a reverse engineering effort, it should be noted that during this process, there is no guarantee that a new contractor’s process would be successful or suitable production items, or that the follow-on production would meet any deadlines. Qualification of another contractor does not guarantee a cost savings large enough to recover the various costs incurred in the processes of competition. Since the CIV Display Assembly was developed about 20 years ago, the expected obsolescence of electronic components in the current design would make reverse engineering it an unrecoverable expense.

8. Market Research: RDAR-EIS-CM conducted an internet search on 8 June 2018 for the words “CIV Display” and “Bradley Turret”. This search did not produce any related results.

Sources Sought Notice 2018-328 for this item was posted 16 March 2018 on FedBizOps:

2018-328.pdf

9. Interested Sources: To date no other known source has expressed interest in writing regarding the manufacture of this item. Interested contractors should contact the Source Approval Program though the Competition Advocate's Office to become qualified for future procurements.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history:

Contract: SPRDL1-18-C-0033 (SPRDL1-16-R-0274) Award Date: 12/1/2017 Value: $1,340,755.15 Competitive Status: Limited Source

Contract: SPRDL1-16-C-0074 Award Date: 12/16/2015 Value: $1,826,215.95 Competitive Status: Limited Source

b. Acquisition data availability: The data or the rights to use the data needed to purchase this part from additional sources are not owned by the Government

c. Unusual and compelling urgency: N/A

d. Subcontracting competition: The government wil require the awarded contractor to submit a subcontracting plan, which will include the efforts to subcontract to small business IAW FAR 19.704.

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: _June 11, 2018_____ Title: Medium Caliber Systems Branch Chief 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: 6/18/2018 Title: Item Manager Signature:

Approver:

Typed Name:

Date: 26 June 2018 Title: Director, Fires and Infantry Support 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.

This determination will be based on the results of a detailed cost and or pricing analysis. The contractor will be required to submit certified cost and pricing data as the expected value of this procurement falls within the threshold.

Typed Name: Eric E. Tucker Title: Chief, Stryker/Infantry ZGAB Signature: //EET// Date: 7/10/2018

14. Contracting Officer Certification:

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

Typed Name: Eric E. Tucker Title: Chief, Stryker/Infantry ZGAB Signature: //EET// Date: 7/10/2018

15. Legal Certification:

Typed Name:

Date: 7/12/18

Title: Legal Counsel

Signature: /

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: Display Assembly

b. NSN: 5895-01-476-7777

c. Basic Quantity: 56 each

d. Basic Estimated Value:

e. Option Percent: 100%

f. Quantity with Option: 112 each

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

Signature:

Date:

HOPSON.LILLI

.A.1230127324

Digitally signed by

HOPSON.LILLI.A.1230127324

Date: 2018.07.20 15:27:21 -04'00'