JA_W56HZV-19-C-0124_Redaction_LOCB.pdf

CMO Control Number: 2019-040

Department of the Army Justification and Approval for Other Than

Full and Open Competition

1. Contracting Activity: Army Contracting Command - Warren (ACC-WRN) is the contracting activity responsible for this action.

2. Description of Action: ACC-WRN proposes to award a new Firm-Fixed Price (FFP) definitive contract for Line of Communication Bridge (LOCB) training assets, and Field Service Representative (FSR) trainer support. The proposed award will be made on a limited source basis with a competition between Acrow Corporation of America (Acrow), Parsippany, New Jersey (CAGE Code - 0V4D3), and Mabey Bridge Limited (Mabey), Gloucestershire, United Kingdom (CAGE Code – KD2S3).

This contract will utilize Fiscal Year 2017 (FY17) Other Procurement, Army (OPA) funds.

3. Description of Supplies/Services: United States European Command (USEUCOM) has a need for LOCB training assets (hardware) and an option for Outside the Continental United States (OCONUS) FSR services to support Dry and Wet Gap capability training on 120 Tracked / 150 Wheeled (120T/150W) Military Load Class (MLC) LOCBs. Other required services include training Soldiers on the construction and emplacement of Dry and Wet Gap 120T/150W MLC LOCBs and in bridge building and launch operations. The total estimated value of this action is $3,816,000 ($3,524,000 for the Dry and Wet Gap training assets and $292,000 for FSR support). This estimate is based on an Independent Government Cost Estimate (IGCE) developed by the Product Manager (PdM) Bridging office.

4. Authority Cited: The statutory authorities permitting other than full and open competition are 10 United States Code (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.” Specifically, limiting this procurement to two sources is permitted by FAR 6.302-1(a)(2), which states: “When the supplies or services required by the agency are available from only one responsible source, or, for DoD, … from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.” Also, FAR 6.302- 1(a)(2)(ii)(B) states, “Supplies may be deemed to be available only from the original source … when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.”

5. Reason for Authority Cited:

A. Background: USEUCOM has a need for 120T/150W MLC Dry and Wet

Gap LOCB training in the Area of Responsibility (AOR). In June 2017, the Army posted notice on FedBizOpps of its plan to use Other Transaction Agreements

(OTAs) to procure 120T/150W LOCBs for testing, with a competitive action Request for Prototype Proposal (RPP) in November 2017 and finalized agreements with Acrow and Mabey on 30 March 2018 under W15QKN-17-9-1025-RPP18-3 and 09 April 2018 under W15QKN-17-9-1025, RPP18-1, respectively. As of September 2018, Army testing confirmed that both the Mabey and the Acrow bridge designs have 120T/150W MLC ratings. Additionally, both Acrow and Mabey have delivered 120T/150W MLC rated LOCB dry gap bridge designs that convert to a wet gap bridge by switching a portion of the bridge structural parts and incorporating floating piers as support for the bridge structure. The Government does not have technical data. The Government submitted a formal request to purchase technical data from Mabey and Acrow on 27 March 2018. On 30 March 2018, Mabey declined the request and Acrow declined the request 2 April 2018 to sell the Army rights in technical data for their respective LOCB designs.

B. Unacceptable Delay: The Army intends to maintain limited competition between Acrow and Mabey since both have available and tested designs with 120T/150W MLC ratings. A full and open competitive action would need to consider prototyping, production readiness for a new producer, and Army testing if award were made to any vendor besides Acrow or Mabey, the two existing producers. US Army Futures Command Combat Capabilities Development Command Ground Vehicles System Center (CCDC GVSC) or formerly the Tank Automotive Research, Development and Engineering Center (TARDEC) Bridging Engineering estimates a new producer will require seven months to build the first prototype, and an additional five months to test the prototype and confirm the MLC rating of the vendor’s LOCB design. Production readiness (build fixtures/dies/set up lines) of training assets is estimated to add between one to seven months prior to providing assets (assuming the MLC rating test and production readiness are concurrent). Therefore, as summarized in the table below, the additional 20-26 months for a full and open competition does not support the need date of 1QFY20 as documented in the Operation Needs Statement (ONS) for USEUCOM 120T/150W MLC training assets.

Task New Producer / Full and

Open Competition Existing Producer / Limited Competition

PdM Bridging Requirements Package Development

2 months 2 months

Contract Solicitation / Award (PALT)

5 months 5 months

Prototype Development 7 months N/A MLC rating tests 5 months N/A Production Readiness 1-7 months N/A

Total 20-26 months 7 months

6. Efforts to Obtain Competition:

A. Effective Competition: This procurement will be a limited competition between Acrow and Mabey, the two firms that have 120T/150W MLC LOCB designs that have been successfully tested by the US Army. The action will be synopsized as required by FAR 5.201. In accordance with FAR 5.207(c)(16)(ii), all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency. The synopsis will state that this procurement will be a limited competition between Acrow and Mabey. Testing on previous 120T/150W MLC LOCB sets competitively procured by the Army from these two firms make these the only potential sources for supporting the required delivery on this procurement.

B. Subcontracting Competition: The solicitation will contain FAR Clause

52.244-5, “Competition in Subcontracting,” to ensure that the prime contractor competitively subcontracts the efforts to the maximum extent possible.

7. Actions to Increase Competition: This action is a limited competition between Acrow and Mabey. PdM Bridging conducts market research at the onset of requirements, as appropriate, and continuously researches the LOCB market to determine the feasibility of future full and open competitive actions. Technical data acquisition is not an option as neither vendor with a tested design will sell its rights to the data as discussed in paragraph 5(A).

8. Market Research:

A. The Army posted a sources sought on the FedBizOps website on 2

August 2018 and closed on 9 August 2018. The sources sought notice was issued by ACC-WRN in accordance with DFARS 206.302-1(d). The sources sought notice requested information including estimated cost, contractor testing on 120T/150W MLC bridging, production capability, commerciality, and support services. Only Acrow and Mabey provided responses to the Government on 9 August 2018. The information provided by Acrow and Mabey indicate both have the capability to provide 120T/150W MLC LOCBs.

B. In December 2018, the Army received an email from Netherlands firm, Janson Bridging, asking if the Army would accept a response to the August 2018 sources sought referenced in Paragraph 8(A) above. The Army confirmed it would accept the response in January 2019. Janson Bridging submitted a formal response on 15 January 2019. The information provided was reviewed and it was found that Janson Bridging displays the capability to produce a bridge at 120T/150W MLC;

however, testing has not been completed on the design to confirm it meets these requirements. As such, Acrow and Mabey are the only vendors capable of meeting this requirement without experiencing an unacceptable delay.

9. Interested Sources: To date, no sources other than those listed in paragraph 8 above have written to express an interest in LOCB requirements.

10. Other Facts:

A. Procurement History:

i) OTAs with Acrow (W15QKN-17-9-1025-RPP18-3) and Mabey (W15QKN-

19-9-1025-RPP18-1) were awarded on 30 March 2018 and 9 April 2018, respectively, for delivery of dry gap test assets. Prototype success was determined in June 2018 for Acrow, and September 2018 for Mabey. Test assets for UMR testing, originally described in the OTA scope were added by revision to each OTA in September 2018. To support testing of wet gap capabilities, contracts for Wet Gap Conversion Kits, converting each vendor’s Dry Gap LOCB to a Wet Gap LOCB, were awarded to both Mabey (W56HZV-18-C-0176; awarded on 26 September 2018) and Acrow (W56HZV-18-C-0175; awarded on 29 August 2018).

ii) The above OTAs were competitive awards based on RPP18-1 issued under the National Advanced Mobility Consortium (NAMC). A Special Notice of the intent to enter OTAs was posted in July 2017 so that any interested firms could enter the National Advanced Mobility Consortium prior to the RPP in November 2017.

iii) The Wet Gap Conversion Kits contracts were sole source awards to

Acrow and Mabey, each awarded based on FAR 6.302-2, “Unusual and Compelling Urgency.”

iv) For the Wet Gap Conversion Kit action, paragraph 7 of the applicable J&A discussed that market research would be performed prior to an action to determine if competition is feasible. As discussed in paragraph 8 above, a sources sought notice was posted, with the only two current responses from the firms the Army intends to solicit for this action.

v) No unusual pattern for procurement of 120T/150W MLC LOCBs exists.

B. Other Facts: N/A

11/12. Technical and 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: Steven Rienstra Date: __30 Jan 2019___

Title: Product Manager, Bridging Signature: //signed//

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. The contractor’s proposal will be reviewed using price analysis to discern whether the costs proposed are current and justifiable.

Certified cost or pricing data shall not be obtained per FAR 15.403-1(b)(3). Other than certified cost or pricing data will be acquired IAW FAR 15.403-3 to evaluate price. The final agreement will give full consideration to all contractual requirements, and will support a determination of fair and reasonable price for this effort.

Name: Charles Scott Date: _28 Feb 2019

Title: Contracting Officer Signature: //CS signed//

14. Procuring Contracting Officer’s Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief:

Name: Charles Scott Date: 28 Feb 2019

Title: Contracting Officer Signature: //CS signed//