JA_SPRDL120R0039_Redacted.pdf
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- Redacted Justification and Approval (J&A) Federal contract opportunity
- Solicitation number
- SPRDL1-20-R-0039
About this file
This justification and approval document outlines a sole source contract award for fire extinguisher kits required for M113 tracked vehicles. The Defense Logistics Agency Land and Maritime will procure 101 kits initially for an unknown amount, with an option to acquire an additional 101 kits, from an unknown vendor. The sole source award is justified because Kidde Technologies is the only approved source that has completed necessary testing for this specific military application. Reverse engineering the kits would cost over $2.2 million and take 30 months, which could not be recovered through subsequent competition. No other vendors have approached the agency expressing interest in becoming an approved source.
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J&A SPRDL1-20-R-0039
this program. Additional program funding is also not available to have the AFES systems added to the vehicle at the Depot level once initial reset is completed.
The Government does not own the 57K9409 B Kit TDP for the kit down parts. Kidde Technologies Inc. is the only approved source and they own their respective technical data. The Government does not own proprietary rights to the TDP that would be required to produce a competitive TDP. Due to the limited performance and technical data available for the Kit, Reverse Engineering is the only recourse the Government could entertain to increase competition through development of a competitive TDP. To verify an additional vendor, it would take approximately and cost approximately $ . It would take an estimated and $ to design/install the integration kits for a new vendor’s system. New live fire/durability testing at Government Proving Grounds would also be required at a cost of approximately $ and would take approximately to complete. TDP integration/ Modification Work Order (MWO)/Technical Manual (TM) updates would cost approximately $ . Cost and schedule data is derived from the current Fiscal Years (FY) 2017-2020 effort to develop the AFES integration A, B, & C kits. Reverse Engineering/Design of the entire kits and TDP includes, but is not limited to the following:
Reverse Engineering Activity Delay Costs
Reverse engineering 6 months $250K
Hardware design, fabrication and integration/install 10 months $750K
Component and vehicle system testing 6 months $200K
Documentation (drawings/ 8 months $1M Engineering Change Proposals (ECP)s/TMs)
Total Estimated Time to Reverse Engineer 30 months $2.2M
The Government would not 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.
6. Efforts to Obtain Competition:
a. Effective competition. 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 5 above, the Government has no plans to obtain additional competition for this proposed contractual action. There is currently one approved vendor that can compete for this effort. Additional approved vendors will result in minimal additional cost savings in comparison to the additional cost required to qualify additional sources.
b. Subcontracting Competition: FAR clause 52.244-5, Competition in Subcontracting, will be included in the contract to encourage 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 complete TDP available to support a competitive procurement. The Government does not own the TDP necessary to procure this item as full and open competition. 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 for this item need to meet the requirements of the Source Approval Program. This is done at the Contractor’s expense, to include vehicle level qualification testing. 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, no other sources have approached this office with questions or comments on how to become a qualified source to produce this item.
8. Market Research: Market research was performed by Ground Vehicle Systems Center (GVSC) Sustainment Engineering 29 August 2019, by reviewing vendor catalogs and available product literature published online by Firetrace Aerospace and Fire Pro to determine if commercial items or non-developmental items are available to meet Government's needs or could be modified to meet the Government's needs. While these two sources manufacture fire bottles for heavy duty applications, they are not tailored, (fit and function), to be specifically used in the (OSV) crew compartment. Further, since neither of these sources have produced this specific item for the (OSV) platform, they have not completed the necessary testing to become a qualified source as described in section 5.
GVSC’s Ground Systems Survivability’s (GSS) subject matter experts, through various means, conducted additional market research and determined that due to existing readiness requirements, Kidde is the only vendor that can provide the fire suppression technology within the current Army Materiel Command (AMC) Anniston Army Depot Readiness RESET Production delivery schedule. GSS reviewed currently available AFES systems for ground combat vehicles and determined that Kidde’s existing solution is the only available option at this time that has been tested and has been utilized in this military specific application.
A Sources Sought Notice has been submitted to Fed Biz Opps on 30 August 2019 FED BIZ OPPS Posting:
Sources Sought Notice 2019-562
Item Name: Extinguisher, Fire
NSN: 4210-01-674-1557
Part No: 57K9409 Quantity: 20 MINIMUM/ 81 MAXIMUM
End Item: M113 OSV/MBT Tracked Vehicle
FedBizOpps Link:
https://www.fbo.gov/index?s=opportunity&mode=form&id=5ee511be0bf3f5fce9f6c4c32bfb544 9&tab=core&_cview=0
9. Interested Sources: To date, except for the respondent outlined in paragraph 8 above, no other sources have written to GVSC to express an interest in this requirement. This Solicitation will be synopsized in Beta.SAM in accordance with FAR 5.202.
10. Other Facts:
a. Procurement history: No procurement history is available.
b. Acquisition data availability: The Government does not own proprietary rights or have rights to the technical data for the Fire Extinguisher – B-Kit.
c. Unusual and compelling urgency: N/A
d. Subcontracting competition: The Government will require the awarded Contractor to submit a subcontracting plan, which will include the efforts to subcontract to small businesses in accordance with 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.
The point of contact for this action is , Mechanical Engineer, Name:
Title: Medium Combat Sustainment Branch Chief
Date: 19 SEP 2019 Email:
Name:
Title: Associate Director - Sustainment Engineering Signature:
Date: 1 Oct 19 Email:
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:
Title: Item Manager Signature:
Date: 29 Oct 19
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 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. Certified cost or pricing data will be required.
Typed Name: Eric E. Tucker Title: Contracting Officer Signature: //EET//
Date: 11/18/2019
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: 11/18/2019
15. Legal Concurrence
Concur:
Date: 04/02/2020
TUCKER.ERIC.E.127
2789408
Digitally signed by
TUCKER.ERIC.E.1272789408
Date: 2020.06.09 15:24:16 -04'00'
TUCKER.ERIC.E.1272
789408
Digitally signed by
TUCKER.ERIC.E.1272789408
Date: 2020.06.09 15:25:08 -04'00'
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: EXTINGUISHER, FIRE
b. NSN: 4210-01-674-1557
c. Basic Quantity: 101 Kits
d. Basic Estimated Value: $
e. Option Percent: 100
f. Quantity with Option: 202 Kits
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) as implemented by FAR 6.302-1 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.1250702449
Digitally signed by
SHEARER.MARY.E.1250702449
Date: 2020.06.10 07:40:25 -04'00'
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