JA_SPRDL120R0049_Redacted.pdf

J&A SPRDL1 20 R 0049

Previous J&A SPRDL1 17 R 0156 is available.

DEFENSE LOGISTICS AGENCY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Defense Logistics Agency -Warren (DLA-WRN)

2. Description of Action: This proposed contract action will result in a new long-term (5 year) firm, fixed-price contract to purchase a minimum of 18, and a maximum of 285 each Generators, Engine Accessory (NSN: 2920-01-515-6764, Military P/N 12485764) used in the Family of Medium Tactical Vehicles (FMTV), 5 Ton, XM1140 sustainment.

The estimated unit price is each. Army Working Capital Funds estimated at will be used for this action.

3. Description of Supplies/Services: The contractor C.E. Niehoff & Company (CAGE: 76761) shall provide the proprietary generator. This item is defined by the Government-owned Technical Data Package (TDP), TACOM (CAGE: 19207) Drawing No. 12485764, and listed by the manufacturer as C.E. Niehoff P/N N1313-4. The technical data for this specific generator is not owned by the Government; the TDP only provides the part number for this item with no other technical details.

AMC 3: Acquire, for the second or subsequent time, directly from the actual manufacturer.

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 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Reason for Authority Cited: The U.S. Government does not own or have rights to any of the detailed technical data for the generator specified in the Generator, Engine Accessory, for which the drawing calls out C.E. Niehoff as the only approved source.

The CCDC GVSC Tactical Vehicle Engineering Sustainment Team has estimated reverse engineering, testing and TDP development of the Generator, Engine Accessory, based on the cost data acquired from GVSC GVPM Group. In total reverse engineering, qualification testing to include material test, form, fit, and function test, performance test, durability testing and Technical Data Development would require at least 1 to 2 years and an estimated minimum of $500,000. The efforts involved on the contract of the sole source components does not justify the development and production tooling costs for a company to qualify as a second source. To neglect qualification testing would be a high risk as premature failures of this item in the field could result in mission failure which could jeopardize the Army’s mission in a potentially adverse operational environment.

Funds are not available at this time for either procuring the proprietary data or reverse engineering the item to create a competitive TDP or qualification testing for a new source. Ultimately, there is a vital need for correct approved components to be contractually obtained under this PRON to maintain readiness and avoid vehicle dead-lining due to supply problems.

6. Efforts to Obtain Competition: The Government does not have a complete TDP required to manufacture the Generator, Engine Accessory or use for competitive procurement and there are no known funding programs active at this time for qualification of additional sources. Interested contractors can seek qualification through the Source Approval Program (SAP) with the Competition Management Office (CMO).

This effort will be synopsized in accordance with FAR Part 5.201(c).

7. Actions to Increase Competition: There are no contractors currently in the process of being qualified as an alternate source of supply for this item. At this time, there are no current or planned efforts to qualify additional sources due to the fact that the Government does not possess a fully-defined and validated technical data package for this item. The source of supply, C.E. Niehoff, owns the detailed technical data regarding this item. Any vendor that believes they can provide this item, while meeting the same requirements, should seek qualification as a secondary source through the Competition Management Office Source Approval Program. Reverse engineering, testing, and all other efforts to become a secondary approved source will be at their own expense.

8. Market Research: Computer-based internet market research was conducted by the Project Engineer in October 2019. Given that no detailed technical data is available for this item, market research results are very limited. Based on the results of the market research, it was determined that no other source was capable of manufacturing this item at this time. Interested sources will be directed to contact the source approval program through the Competition Advocate’s Office for information on how to become a qualified source of supply.

A Sources Sought Synopsis was posted to FedBizOps on 23 October 2019, as follows:

Sources Sought Notice 2020 023 Item Name: Generator, Engine Accessory

NSN: 2920 01 515 6764

Part No: 12485764 Quantity: 18 MIN/ 285 MAX End Item: FMTV XM1140/XM1140A1

Sources_Sought_N otice_2020-023.pdf

Beta.Sam.Gov Link:

https://beta.sam.gov/opp/64e4bd69d4b5ce97019f3f951be85fd7/view?index=opp&sort= relevance&page=1&keywords=2020 023&opp inactive date filter model=%7B%22dateRange%22:%7B%22startDate%22:%22%22,%22end Date%22:%22%22%7D%7D&opp publish date filter model=%7B%22dateRange%22:%7B%22startDate %22:%22%22,%22endDate%22:%22%22%7D%7D&opp modified date filter model=%7B%22dateRang e%22:%7B%22startDate%22:%22%22,%22endDate%22:%22%22%7D%7D&opp response date filter m odel=%7B%22dateRange%22:%7B%22startDate%22:%22%22,%22endDate%22:%22%22%7D%7D&date filter index=0&inactive filter values=false&is active=false

9. Interested Sources: Interested contractors can seek qualification through the Source Approval Program with the Competition Management Office. To date, no other sources have expressed an interest in providing the subject item. Only the approved source owns the most current TDP part iteration.

10. Other Facts:

a. Procurement History

Contract: SPRDL1-19-P-0232 Award Date: 28 May 2019 Contractor: C.E. Niehoff & Company Value: $141,386.88 Competitive Status: FAR 6.302-1 - Only one responsible source

Contract: SPRDL1-17-C-0260 Award Date: 8 August 2017 Contractor: C.E. Niehoff & Company Value: $253,570.29 Competitive Status: FAR 6.302-1 - Only one responsible source

Contract: SPRDL1-17-C-0092 Award Date: 26 January 2017 Contractor: C.E. Niehoff & Company Value: $399,061.44 Competitive Status: FAR 6.302-1 - Only one responsible source

b. Acquisition data availability. The Government does not own or have rights to the technical data for the purchased parts of the transfer case.

c. Unusual and compelling urgency: N/A

d. Subcontracting Competition: The government will require the contractor to submit a subcontracting plan IAW FAR 19.704 during negotiations of the contract in order to achieve increased small business subcontracting opportunities throughout the life of the contract.

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.

[ ] $250K to $700K Team Leader [ x ] $700K to $13.5M AD/Deputy AD

Name: Date: 23 Oct 19 Title: ESA (submitting POC) Signature Email:

Name: Date: 25 Oct 19 Title: Branch Chief Signature:

Email:

Name: Date: 28 Oct 19 Title: Associate Director Signature:

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.

Name: Date: 28 Oct 19 Title: Item Manager Signature:

Name: Date: 29 Oct 19 Title: Supply Supervisor Signature:

Name: Date: 29 Oct 19 Title: Group Leader 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 appropriate forms of cost and/or price analysis.

Negotiations will be conducted as necessary.

Name: Leah C. Bourdeau Title: Contracting Officer Date: 11/22/19 Signature: //s// LCB

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

Name: Leah C. Bourdeau Title: Contracting Officer Date: 11/22/19 Signature: //s// LCB

15. Legal Concurrence:

Concur:

Date:11/25/2019

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: Generator, Engine Accessory

b. NSN: 2920-01-515-6764

c. Maximum Quantity: 285

d. Maximum Estimated Value:

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: 2019.12.02 14:48:47 -05'00'