JA_SPRDL120R0058_Redacted.pdf

J & A SPRDL1-20-R-0058

(Previous J&A SPRDL1-14-R-0147 is available.)

replenishment of spare parts. The acquisition data and technical data for NSN 2920-01- 366-5641 is owned and controlled by Allison Transmission-CAGE 73342.

The Government does not own the patent rights or any other proprietary rights to the technical data that would be required to produce a competitive Technical Data Package (TDP). Allison Transmission passed the requirements of the government qualification tests to include performance, reliability, and durability tests. Allison Transmission is the owner of the TDP for the Ignition Modulator Assembly used on the Palletized Loading System. Allison Transmission has the unique and proven qualities, capabilities, facilities, resources, manufacturing, and development experience to produce the Ignition Modulator Assembly.

No vendors other than Allison Transmission can meet the required performance standards. The supplier has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. The authorized source tested the items in the vehicle to the vehicle specifications.

This is the only known source for the Ignition Modulator Assembly for the Palletized Loading System to have the proper form, fit, and function for this application.

6. Efforts to Obtain Competition: There are no known funding efforts in progress at this time to qualify other suppliers of this item nor will there be prior to the contract award due to funding constraints. No funds are available to qualify additional sources given the cost and time involved. At this time, there has not been any expressed interest by any known vendor to become a qualified source to produce this item. Interested contractors can seek qualification through the Source Approval Program with the Competition Management Office.

7. Actions to Increase Competition: There are no known funding efforts in progress at this time to acquire the commercially-controlled data needed to make NSN 2920-01-366-5641 fully competitive for the following reasons:

Using estimates, the time to procure the proprietary data from the authorized source, develop, and test a prototype to make sure TDP is complete and accurate is 12 months.

The estimated cost of such effort would be at least $350,000. This estimation was based on similar projects. Reverse engineering such a part would cost $400,000 and would take at least 18 months. Funds are not available to develop technical data due to low demand and high cost.

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 items to create a competitive TDP. The current usage rate of 38 units per year at a cost of per unit amounts to cost per year. Assuming a 25% savings of achieved through competition results in a reduced annual total cost of . This annual savings of $13,348 would take years to offset the estimated $400,000 cost of reverse engineering the item to qualifying another source.

Using these cost and delay model estimates, the Government likely could not recover the costs for the procurement to become competitive and the 18-month delay is unacceptable to meet Government supply demands.

The amount of time and funding required to develop, test, certify, and release a reverse engineered competitive design is not justifiable.

Without performing qualification testing, the government risks premature failure of this item, which could result in serious accidents involving fatalities.

Qualification testing to include material form-fit-function test, performance test, and durability test would require 12 months and $50,000. This expense could not be recouped through competition. Funds are not available for qualification testing of a new source. To neglect qualification testing would cause a serious risk as premature failures of the ignition modulator assembly could result in loss of vehicle functionality and completely jeopardize the mission. The delay associated with these efforts is unacceptable in fulfilling TACOM requirements and would have a significant impact on TACOM’s ability to support the soldier in the field.

8. Market Research: The Government has no funding to qualify additional sources, therefore, any qualification would be done at the contractor’s expense. Given that no detailed technical data is available for the Ignition Modulator Assembly (NSN 2920-01- 366-5641), market research results are very limited. Market research can be conducted on the Ignition Modulator Assembly, but without having any technical specifications, the range of information on this component will be vast, and therefore, not useful. Hence, it is imperative that some technical information be available in order to conduct valuable market research. Computer-based/internet market research was conducted by the Project Engineer during November of 2019 with no other sources found capable of producing this part.

When, and if, the technical information for the Ignition Modulator Assembly (NSN 2920- 01-366-5641) is eventually made available, additional specific market research can then be conducted and a competitive procurement can be considered.

9. Interested Sources: A Sources Sought Notice was posted to FedBizOpps on 7

NOV 2019:

Components: Ignition, Modulator Assembly

NSN: 2920-01-366-5641

Part Number: INL1228283CT End Item: Palletized Loading Systems

The link and attachment to Sources Sought Notice 2019-459:

https://www.fbo.gov/index?s=opportunity&mode=form&id=986cb02553a905e77c0417de 760e2bd4&tab=core&_cview=0* *Note: Due to the transition from FedBizOps to beta.SAM, a copy of this notice is no longer available.

To date, no other sources have expressed an interest in providing the Ignition Modulator Assembly. Only the approved source owns the current TDP; therefore, interested, non-approved sources cannot provide the Government with valid proposals and cannot be considered at this time.

10. Other Facts:

a. Procurement History:

Contract: SPRDL115D0011 Award Date: 31 DEC 2014 Contractor: Oshkosh Defense LLC Value: $ 167,812.92 Competitive Status: Restricted Authority: FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

Contract: SPRDL113D0008 Award Date: 4 JAN 2013 Contractor: Oshkosh Defense LLC Value: $ 220,037.40 Competitive Status: Restricted Authority: FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

Contract: DAAE0702CS083 Award Date: 29 SEP 2002 Contractor: BTMC Corporation Value: $ 811,775.28 Competitive Status: Restricted Authority: FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

b. Acquisition Data Available: The Government does not own or have rights to the technical data for the Ignition Modulator Assembly (NSN 2920-01- 366-5641) for the Palletized Loading Systems.

c. Unusual and Compelling Urgency: N/A

d. Subcontracting Competition: N/A

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.

[ x ] $150K to $650K Engineering Branch Chief [ ] $650K to $12.5M Division Chief/Associate Director [ ] $12.M to $85.5M Executive Director [ ] >$85.5 GVSC Director

Name:

Title: Sustainment Engineer Date: 18 November 2019 Signature: //signed//

Name:

Title: Engineering Branch Chief Date: 20 NOV 2019 Signature: //signed//

12. Requirement Certification: I certify that the supporting data under cognizance which are included in the justification are accurate and complete to the best of knowledge and belief.

Name:

Title: Inventory Management Specialist Date: 20 Nov 2019 Signature:

Name:

Title: HEMTT/PLS Supply Lead Date: 11/21/2019 Signature:

Name:

Title: THTV Group Leader Date:11/22/2019 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 price analysis.

Based on the estimated dollar value certified cost and pricing data will not be required.

Name: Leah C. Bourdeau Title: Contracting Officer Date: 12/2/19 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: 12/2/19 Signature: //s// LCB

15. Legal Concurrence:

Name:

Date: 6 DEC 2019 Signature: