JA SPRDL119R0090 REDACTED.pdf

J&A SPRDLl-19-R0090 Previous J&A SPRDL1-14-R-0127; SPRDL1-17-R-0301; filed in PCF

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. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

4. Authority Cited: The statutory authority permitting other than full and open competition is Title 10 United States Code (U.S.C.)Section 2304(c)(l), as implemented by FAR 6.302-l, "Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Reason for Authority Cited: The Kidde, Fire Extinguisher Assembly is an integral support item required to operate the Bradley Vehicle's Fire Suppression System. The Fire Extinguisher Assembly is required to assure that the Bradley's fire suppression system is functional and will allow flawless operation under hazardous conditions. The failure of the Fire Suppression system would cause extensive physical hazard to the crew and extremely costly damage to the vehicle. The USG does not own the Technical Data Package (TOP) for 12496698, 12496700, and 12496705. Kidde is the sole owner of their technical data. The Government does not own proprietary rights to the TDP that would be required to produce a competitive TOP. The above identified supplier has developed, tested and obtained Government approval for this item for application in the Bradley system at their own cost. The Government did not fund their efforts in developing and testing this item. Only Kidde has the capability to manufacture the Fire Extinguisher Assemblies, perform failure analysis, develop inspection and acceptance criteria for components, and repair/rebuild and test the Assemblies. Installing hardware that has not undergone similar verifications could lead to a failure of the Unit under battlefield conditions and could damage the vehicle, compromise the mission function, and endanger the life of the crew.

Due to the limited performance and technical data available on the Fire Extinguisher Assemblies, Reverse Engineering is the only recourse the Government could entertain to increase competition through development of a competitive TOP. A significant amount of time and money would be necessary to reverse engineer, procure and test prototypes, and release the design. Further, there is no funding to develop and qualify additional Fire Extinguisher Assembly manufacturers for this effort. Even if a reverse-engineering effort is successful, the Government will incur excessive costs and lead-time delay. Through our previous experience, we estimate that the cost to develop a competitive package for each critical item through reverse engineering would cost about $600K and would require an estimated delay of at least 1.5 years. Durability testing at Government Proving Grounds would also be required. The 9-month system level vehicle testing would cost about $650K.

In summary, the cost to reverse engineer each of the current designs, conduct vehicle durability testing and develop a Technical Date Package would cost approximately $1.4M and take 35 months. Reverse Engineering, TOP development, and system level qualification includes, but is not limited to the following:

• Estimated cost to reverse engineer: $600,000

• Estimated time to reverse engineer: 1.5 years

• Estimated cost to perform system level vehicle testing: $ 650,000

• Estimated time to perform system level vehicle testing: 9 months

• Estimated cost to develop a Technical Data Package: $150,000

• Estimated time to develop a Technical Data Package: 8 months

NSN 4210-01-566-2417:

The Government does not have the funds available nor would the Government be able to recover, through subsequent competition, the additional costs involved in either procuring the proprietary data or reverse engineering the item to create a competitive package. At the current usage rate of 396 per year, at the current unit cost of $ and assuming the 25% saving achieved through competition, the $ annual savings would take over 6 years to offset the estimated $1,400,000 cost of reverse engineering the item and qualifying another source.

The consequential time delay of 3 5 months to reverse engineer, develop and test the new design and then qualify a new vendor would prohibit delivery of the Fire Extinguisher Assembly in a time frame that would satisfy the Government's needs.

NSN 4210-01-565-9982:

The Government does not have the funds available nor would the Government be able to recover, through subsequent competition, the additional costs involved in either procuring the proprietary data or reverse engineering the item to create a competitive package. At the current usage rate of 132 per year, at the current unit cost of $ and assuming the 25% saving achieved through competition, the $ annual savings would take over 21 years to offset the estimated $1,400,000 cost of reverse engineering the item and qualifying another source.

The consequential time delay of 35 months to reverse engineer, develop and test the new design and then qualify a new vendor would prohibit delivery of the Fire Extinguisher Assembly in a time frame that would satisfy the Government's needs.

NSN 4210-01-503-1522:

The Government does not have the funds available nor would the Government be able to recover, through subsequent competition, the additional costs involved in either procuring the proprietary data or reverse engineering the item to create a competitive package. At the current usage rate of 636 per year, at the current unit cost of$ and assuming the 25% saving achieved through competition, the $ annual savings would take over 4 years to offset the estimated $1,400,000 cost of reverse engineering the item and qualifying another source.

The consequential time delay of 35 months to reverse engineer, develop and test the new design and then qualify a new vendor would prohibit delivery of the Fire Extinguisher Assembly in a time frame that would satisfy the Government's needs.

6. Efforts to Obtain Competition:

(a) Effective Competition: Based on the detailed rational provided in section 5 above, the Government has no plans to obtain competition for this proposed contractual action.

(b) 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.

7. Actions to Increase Competition:

As stated in section 5 above, there is no TDP available to support a competitive procurement. Due to the costs associated with developing a competitive TDP that cannot be recovered also stated in section 5, the Government is not actively pursuing the development of a competitive TDP for future procurements.

Contractors interested in becoming a source of supply need to meet the requirements of the Source Approval Program including vehicle level qualification testing, at their own expense. The TACOM Life Cycle Management Command, Competition Management Office (CMO), is the lead proponent for the Source Approval Program. While interested contractors can contact the CMO for assistance with the Source Approval Program, Engineering requires successful vehicle level qualification testing to support the approval of a new source of supply and the Government has no plans or funding to complete qualification testing at this time. To date, there has not been any expressed interest by any known vendor(s) to become qualified source(s) to produce this item.

8. Market Research: Market research was completed by TARDEC Engineering on 29 August 2018. Marotta was the original manufacturer of the extinguisher valves used in BFV AFES supplied by Kidde. However, in 1996, Marotta sold the data rights to Kidde, and since then, Kidde has been producing the entire extinguisher assembly for the Army for Bradley as well as a number of other programs. Marotta continues to produce valves for some marine applications, but since 1996, only Kidde produces the valve and extinguisher assemblies for the Army. Given that Marotta has sold the data rights associated with current extinguishers, and has not produced any of these parts for many years, significant cost and extensive requalification and validation testing would be required for them to become a supplier again.

Extensive analysis, prototyping, and vehicle testing as described in section 5, above, would still need to be done to ensure that the Bradley will properly meet performance specifications with a new supplier's hardware. The cost of such analysis, prototyping, and testing would far exceed any cost savings realized by adding another source.

Sources Sought Notice has been submitted to Fed Biz Opps on 5-1-2018 Component: Fire Extinguisher Assembly

NSN: 4210-01-566-2417

Part Number: 12496698 End Item: Bradley

4210-01-566-2417.pd f

Sources Sought Notice submitted to Fed Biz Opps on 6-6-2018 Component: Fire Extinguisher Assembly

NSN: 4210-01-565-9982

Part Number: 12496700 End Item: Bradley

4210-01-565-9982.pd f

Sources Sought Notice submitted to Fed Biz Opps on 8-31-2018 Component: Fire Extinguisher Assembly

NSN: 4210-01-503-1522

Part Number: 12496705 End Item: Bradley

4210-01-503-1522.pd f

9. Interested Sources: To date, no other sources have written to express an interest in qualifying as a source of supply. Sources Sought Notice 2018-486 was posted to Fed Biz Opps on 5-1-2018 for the Fire Extinguisher Assembly, NSN: 4210-01-566-2417, Part Number 12496698. Sources Sought Notice 2018-558 was posted to Fed Biz Opps on 6-6- 2018 for the Fire Extinguisher Assembly, NSN: 4210-01-565-9982, Part Number 12496700.

Sources Sought Notice 2018-713 was posted to Fed Biz Opps on 8-31-2018 for the Fire Extinguisher Assembly, NSN: 4210-01-503-1522, Part Number 12496705. Any responses received will be evaluated by the appropriate office.

10. Other Facts:

a. Procurement History:

NSN 4210-01-566-2417:

Contract: SPRDL1-15-C-0094 Award Date: 26 February 2015 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $579,562.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-13-C-0126 Award Date: 26 July 2013 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $317,440.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-12-C-0008 Award Date: 06 October 2011 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $562,440.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-09-C-0152 Award Date: 09 September 2009 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $215,686.50

NSN 4210-01-565-9982:

Contract: SPRDL1-18-P-0330 Award Date: 20 -April-2018 Contractor: KIDDE TECHNOLOGIES (05BU0) Competitive Status: Limited Source Authority Cited: Under SAT, J&A not required Value: $128,705.92

Contract: SPRDL1-15-C-0094 Award Date: 26 February 2015 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $579,562.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-12-C-0008 Award Date: 06 October 2011 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $562,440.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-11-P-0085 Award Date: 22 April 2011 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $117,390.00 Competitive Status: Limited Source Authority Cited: Under SAT, J&A not required

Contract: SPRDL1-09-C-0089 Award Date: 11 August 2009 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $141,504.00

Contract: SPRDL1-09-P-0115 Award Date: 07 August 2009 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $78,748.74

Authority Cited: Under SAT, J&A not required

NSN 4210-01-503-1522:

Contract: SPRDL1-18-D-0062 Award Date: 02 March 2018 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $10,635,575.35 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-16-C-0318 Award Date: 15 September 2016 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $351,888.03 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-13-C-0109 Award Date: 24 June 2013 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $161,787.60 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-11-C-0007 Award Date: 03 November 2010 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $453,492.00 Competitive Status: Limited Source Authority Cited: FAR 6.302-1, Only One Responsible Source

Contract: SPRDL1-09-C-0017 Award Date: 16 March 2009 Contractor: KIDDE TECHNOLOGIES (05BU0) Value: $350,400.00

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: Contracting Officer Signature: //EET// Date: 5/17/2019

15. Legal Concurrence:

Concur: // // Date: 05/24/2019