JA_SPRDL120R0191_Redacted.pdf
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- Attached to
- Redacted Justification & Approval (J&A)
- Solicitation number
- SPRDL1-20-R-0191
About this file
This document is a justification and approval for a sole source contract award. The U.S. Army Combat Capabilities Development Command Armaments Center plans to award a sole source contract to Benchmark EMS for control boxes used in Bradley Fighting Vehicles. The government does not possess the necessary technical data and testing equipment to competitively procure this item. Developing the data through reverse engineering is estimated to take over 5 years and cost $3 million, with no guarantee of success. The government has not purchased the technical data package from Benchmark EMS. Market research found no other suppliers that can meet the form, fit and function requirements without the data. The justification was approved on June 19, 2020 for a base quantity of 45 units at an unknown price under solicitation SPRDL1-20-R-0191. The sole source contract SPRDL1-23-C-0006 to an unknown vendor was awarded on November 4, 2022 for an unknown amount.
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J&A SPRDL1-20-R-0191
Previous J&A SPRDL1-17-R-0001 is available
The Government does not have all necessary technical data and testing equipment at this time that can be used for full and open competition; and can be technically supported in a responsible time frame.
It is estimated that to obtain competitive technical data that it would take a minimum of two additional years after which a breakout contractor would need 18 months to qualify, and an additional 12-24 months for production with a cost of $3,000,000. It should be noted that during this process, there is no guarantee that a breakout contractor’s process would successfully yield suitable production items, or that the follow-on production would meet any deadlines. Additionally, qualification of another contractor would not recover the various costs incurred in the processes of competition given the small quantities being produced. At this time there are no alternative responsible contractors for this item.
6. Efforts to Obtain Competition: Benchmark EMS owns the technical data rights for multiple components within the FS3 Control Box and maintains the testing equipment necessary to test the functionality of the FS3 Control Box. A complete Level III Technical Data Package (TDP), suitable for competition, is currently not available for purchase. To develop technical data, the Government would need to reverse engineer these components which is not practicable since 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. Although this procurement will be restricted to the above source, 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, and it should also be noted that funding for such an effort is not presently available. Additionally, if funding were to become available it would take an additional 36 months and approximately $3,000,000 for a competitive TDP and testing equipment to be developed, and another 12-24 months to obtain spares from a breakout vendor. It should be noted that no cost savings would be realized as the fielded quantities are very small.
8. Market Research: In accordance with FAR 10.002(b)(2)(vii), Market Research was conducted by the U.S. Army, Combat Capabilities Development Command – Armaments Center, Rock Island on 4 March 2020. An online search for the words “FS3 Control Box” “Bradley Fighting Vehicle” and “NSN 1005-01-631-7482” was conducted and several hits were returned, but without the necessary technically discerning information regarding Form Fit and Function they could not be legitimately evaluated. Benchmark EMS developed several of the components for this item and to date the Government has not purchased the data from Benchmark EMS regarding the present design by which competitive competition of this item may be accomplished. Therefore, the Government would have to reverse engineer and develop its own technical data which is cost and time prohibitive.
Item Manager:
Date: 12 March 2020 Signature:
Approver:
Typed Name:
Date: 9 April 2020 Title: Fires and Infantry Support Director (Acting) 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 that 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. Due to the estimated dollar value, certified cost and pricing data will be required.
Typed Name: Eric E. Tucker Title: Contracting Officer Signature: //EET// Date: 5/1/2020
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: 5/1/2020
15. Legal Concurrence:
Concur:
Date: 5/4/2020
TUCKER.ERIC.E
.1272789408
Digitally signed by
TUCKER.ERIC.E.1272789408
Date: 2020.06.18 14:19:47 -04'00'
TUCKER.ERIC.
E.1272789408
Digitally signed by
TUCKER.ERIC.E.1272789408
Date: 2020.06.18 14:20:15 -04'00'
Approval Authority for Acquisitions Equal to or Greater Than $700,000 But Less Than $13.5M
APPROVAL OF JUSTIFICATION
FOR OTHER THAN FULL AND OPEN COMPETITION
Based on the foregoing Justification, I hereby approve the procurement of the following:
a. Control Box, Electrical
b. NSN: 1005-01-631-7482
c. P/N: 13038600
d. BASE QUANTITY: 45 EACH
e. OPTION QUANTITY MAX: 45 EACH
f. ESTIMATED UNIT PRICE:
g. ESTIMATED OPTION VALUE:
h. ESTIMATED TOTAL VALUE:
i. PRON: EH9C0648EH
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:
SHEARER.MARY.
E.1250702449
Digitally signed by
SHEARER.MARY.E.1250702449
Date: 2020.06.19 14:36:05 -04'00'
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