JA SPRDL119R0240.pdf

J&A SPRDL1-19-R-0240

(Previous J&A SPRDL117C0047 filed in PCF)

DEFENSE LOGISTICS AGENCY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: DLA Land Warren is the responsible contracting activity for this action.

2. Description of Action: This action will result in an award of a new Firm Fixed Price contract on a sole source basis to either Raytheon Company, McKinney, TX 75071 (CAGE: 96214) or Moog Components Group, Blacksburg, VA 24060 (CAGE: 99932) for the procurement of Electrical Contact Ring Assembly. This procurement will be funded using Army Working Capital Funds (AWCF).

3. Description of Supplies/Service: This award is for the procurement of the Electrical Contact Ring Assembly, Raytheon P/N 4977400-1 or Moog P/N DT6780 stocked under NSN: 5977-01-543-0993. The quantity to be procured is 35 each with a 100% option quantity of 35 each.

a. Noun: RING ASSEMBLY,ELECT

b. NSN: 5977-01-543-0993

c. Part Number: 4977400-1 or DT6780

d. Basic Qauntity: 35 Ea

e. Option Quantity: 35 Ea

f. Unit Price:

g. Contract Value:

h. Vehicle System: Bradley Fighting Vehicle System (BFVS)

i. PRON: EH9C0778EH

j. Type Of Contract: Firm Fixed Price

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

Acquisition Method Suffix Code (AMSC) R: The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part.

J&A SPRDL1-19-R-0240

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 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.”

5. Reason for Authority Cited: This Electrical Contact Ring Assembly, Raytheon P/N 4977400-1 is part of the Block 1 Gimbal Assembly Unit (GAU) in the Block 1 Commander’s Independent Viewer (CIV) used on two (2) variants of the Bradley Fighting Vehicle System (BFVS) the A3 and A3 BFIST w/FS3 Turrets. Raytheon Company (CAGE: 96214) is the Prime Contractor for the entire CIV who designed and qualified this item for use on the BFVS. Moog Components Group (CAGE: 99932) is the actual Original Equipment Manufacturer (OEM) who has produced this Electrical Contact Ring Assembly, P/N DT6780 for both Raytheon and the U.S. Army.

The U.S. Army does not have any additional information at this time that can be used to compete this requirement, and there is no process underway, or funding by which competition can be technically supported in a responsible time frame. When the A3 BFVS was being developed, the Bradley PM office made the decision not to purchase any technical data from Raytheon for the CIV. Because of that decision, all of the technical data needed to produce the entire CIV and its major components is proprietary to Raytheon Company. Moog Components Group has manufactured all of the Electrical Contact Ring Assemblies for the Block 1 GAU in existence.

6. Efforts to Obtain Competition: As addressed in paragraph 5 above, Raytheon owns all technical data rights for this component. Reverse Engineering is the only recourse the U.S. Army could entertain.

No efforts to obtain competition for this acquisition will be taken for the reasons stated above. Complete Level 3 Technical Data Packages (TDPs) suitable for competition are not available for purchase. Further, there is no funding to qualify a new vendor.

There are no vendors currently in the process of being qualified. There are no current or planned efforts to qualify any additional sources for the reasons listed above, including the fact that there is no funding for this effort. The U.S. Government (USG) would not be able to conduct reverse engineering efforts at this time. Although this procurement will be restricted to the above sources, every effort will be made to obtain potential sources by synopsis and posting to the FedBizOpps website. Interested sources can obtain approval via the Source Approval Program with the TACOM Competition Management Office (CMO).

7. Actions to Increase Competition: As indicated in paragraph 5 above, the Government does not have a means of obtaining adequate information in a responsible time frame. It should also be noted that funding for such an effort is not presently available. If funding were to become available, it is estimated that it would take 1 year

J&A SPRDL1-19-R-0240

and cost $1,000,000.00 for a reverse engineering effort to develop a Level 3 TDP for the competitive purchase of this item. It would take another 2 years and cost an additional $2,000,000.00 to produce 6 protypes to fully qualify the newly designed Electrical Contact Ring Assembly through both bench testing and on-vehicle testing at various U.S. Army test sites. This action to increase competition would take at least 3 years and cost approximately $3,000,000.00.

The procurement information listed on PRON EH9C0778EH shows that the USG purchased 108 each Electrical Contact Ring Assemblies from March 2007 thru December 2016, and this procurement is for 70 each. At the current estimated unit price of $12,517.00,and a total production of 178 Ea, within a 12 year period (2007- 2019), the production costs from the sole source would be $2,228,026.00 total compared to the $3,000,000.00 expense to increase competition. Based upon the small purchase quantities of this item, it would be uneconomical for the USG to pursue this effort to increase competition.

8. Market Research: Market research was performed by the U.S. Army, Combat Capabilities Development Command - Armaments Center, Rock Island on 19 September 2019. An online search for NOUNs “Ring Assembly” and “Bradley Turret” and NSN “5977-01-543-0993” was conducted. This search yielded no results.

A general market research was performed by the Contract Specialist for publicly available online information for: RING ASSEMBLY, ELECT (Raytheon P/N 4977400-1 or Moog P/N DT6780). This research included searching for published material on new replacement units and other product information. The results of this search did not produce any new information or product catalogs on any company that provides a direct replacement for the RING ASSEMBLY, ELECT. Therefore, there are no other commercial or non-developmental items available to meet the Government's need or that could be economically modified to provide the required part.

9. Interested Sources: There has not been any expressed interest by any known contractors to become a qualified source to produce the Ring Assembly, Electrical (PN:

4977400-1). Sources Sought Notice 2019-206 was posted in FedBizOpps on 30 January 2019 by Nancy Dulmage to identify sources that can manufacture this Electrical Contact Ring Assembly. To date, no other contractor has expressed an interest in supplying this item.

Component: Ring Assembly, Electrical

NSN: 5977‐01‐543‐0993

Part Number: 4977400-1

End Item: Commanders Independent Viewer (CIV) Bradley Family of Vehicles

Sources_Sought_N otice_2019-206.pdf

10. Other Facts: Procurement history: The following procurements were made sole source to MOOG INC., using less than full and open competition, justified pursuant to FAR 6.302-1(a)(2)(ii). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and 41 U.S.C. 253(c), as implemented by citing FAR 6.302-1(a)(2)(ii):

(1) Contract: SPRDL117C0047 Contractor: MOOG INC.

Award Date: 12/6/2016

Competitive Status: Sole Source Authority: FAR 6.302-1, Only One Responsible Source

(2) Contract: SPRDL113C0003 Contractor: MOOG INC.

Award Date:10/04/2012 Competitive Status: Sole Source Authority: FAR 6.302-1, Only One Responsible Source

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: _19 September 2019__________________ Title: Medium Caliber Systems Branch Chief

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.

Item Manager:

Date: 9/20/2019 Signature:

J&A SPRDL1-19-R-0240

Approver:

Date: 25 Sep 2019 Title: Director, Fires and Infantry Support PSID Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable. Normal acquisition procedures will be followed to determine the contract price is fair and reasonable. Other Than Certified Cost and Pricing Data will be required to justify price reasonableness. The appropriate forms of cost and/or price analysis will be utilized, and negotiations will be conducted, if necessary.

Typed Name: Jamal M. Brooks Date: __09/27/2019__________ Title: Contracting Officer Signature: __//s//_____________

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

Typed Name: Jamal M. Brooks Date: ___09/27/2019__________ Title: Contracting Officer Signature: __//s//____________

15. Legal Concurrence:

Typed Name:

Date: 10/1/2019 Title: Legal Advisor 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: RING ASSEMBLY,ELECT

b. NSN: 5977-01-543-0993

c. Part Number: 4977400-1 or DT6780

d. Basic Qauntity: 35 Ea

e. Option Quantity: 35 Ea

f. Unit Price:

g. Contract Value:

h. Vehicle System: Bradley Fighting Vehicle System (BFVS)

i. PRON: EH9C0778EH

j. Type Of Contract: Firm Fixed Price

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.