W52H0909C0062PZ0004.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

CONCURRENCE SHEET

CONTROL No. ACB090053

Program/Equipment: Frag Kit 6 / Door Assist Mechanism Retrofit Kit

Authority: 10 USC 2304(c)(2) Amount: $123,411.50

Prepared by Typed Name: Ryan McMillan DSN: 793-8627

Title: Contract Specialist Date: 16 June 2009

PCO: Typed Name: Lisa Devlin DSN: 782-5541

Title: Contracting Officer_ Date: 23 June 2009

Technical Typed Name: MAJ CARLOS LAGO DSN: 586-219-1078

Title: APM ARMOR (HMMWV)Date: 19 June 2009

Requirements Typed Name: Michael Sprang DSN: 786-2406

Title: Acting- DPM, LTV Date: 19 June 2009

COORDINATION:

AMSTA-LR concur //signed// Brian A. Tuftee 17 June 2009

(concur/nonconcur) (signature) (date)

Frag Kit 6 /

Door Assist Mechanism Retrofit Kit

Est. Dollar Value: $123,411.50

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army TACOM Contracting Center, Rock Island, IL 61299-7630.

2. Description of Action: This action will result in an add-on to Parker Hannifin Corporation

Oildyne Division’s existing contract W52H09-09-C-0062. The existing contract is a firm-fixed price type, awarded 25 February 2009. Award for the add-on is projected for 3 rd quarter FY 2009 and FY 2009 Army Procurement Appropriation funds will be used. An acquisition plan, in accordance with DFARS 207.103, is not required because this action does not meet the dollar threshold for an acquisition plan.

3. Description of Supplies/Services: This J&A is for 850 Door Assist Mechanism (DAM)

Retrofit Kits, Parker part number 776103. The DAM, Parker part number 645916, was procured using J&A control number ACA090055 under authority FAR 6.302-2 and approved 20 Feb

2009. The DAM is used to assist the Soldier in opening and closing a HMMWV door with a

Frag Kit 6 (Add-on Armor Kit) installed. The Retrofit Kit is a supplement to the DAM and includes updated and new components required for the DAM to properly function with the Frag

Kit 6. The estimated unit price is $145.19 for each Retrofit Kit. The estimated total value is

$123,411.50.

4. Authority Cited: 10 USC 2304(c)(2), Unusual and Compelling Urgency, as authorized by

FAR 6.302-2.

5. Reason for Authority Cited:

a. As authorized by FAR 6.302-2, procurement by other than full and open competition is necessary because Parker Hannifin is the only approved supplier of the DAM, and the only contractor who can meet the Government’s aggressive schedule for the Retrofit Kits. The DAM is an integral part of the Frag Kit 6. A delay in delivery of the Retrofit Kits means delay of fully installing the DAM Kits on UAHs equipped with Frag Kit 6. Parker Hannifin has in place the necessary equipment, material, and skilled labor to produce the required quantity of Retrofit Kits.

b. This testing took place at the end of April/first of May. Some of the changes include items with a long lead time, preventing the changes from being available right away. Parker states the Retrofit Kit can be available 22 June 2009, at which time the company projects 850

DAMs will have been produced. The 850 Retrofit Kits will bring the first 850 DAMs produced up to the latest Government-approved configuration. DAMs shipped after the 850 th one will already include these changes.

c. Exception 1 under 10 USC 2304(c) is not an option because we would not receive deliveries in time to meet the required schedule. In order to procure this requirement under

Exception 1, we would have to synopsize and solicit the requirement, which will take at least an additional 45 days to do. This means we would not be able to begin negotiations until the first week of August 2009. Although Parker Hannifin is the only approved source for this item, 10

USC 2304(c)(2) must be used in order to meet the unusual and compelling urgency of this item and to meet deliveries required by late June 2009. The Soldier’s safety will be compromised if the Retrofit Kits cannot be received in June and the DAMs installation is delayed.

d. The requirement for Retrofit Kits was first known to exist in around the first week of

May 2009 when discussions were held with the Government, Parker, and AM General regarding the validation/verification testing. AM General is the producer of the HMMWV, and has been involved to ensure the DAM fits and functions properly on the HMMWV. Further clarifications for the requirements of the Retrofit Kit were developed over the next couple of weeks in May.

The final configuration of the Retrofit Kit was made in June, including the quantity and availability of these Kits.

e. Parker Hannifin developed the baseline technical data for the DAM and obtained

Government approval for its use in the HMMWV at its own expense. The Government did not fund Parker Hannifin to fully develop a detailed TDP for future competition. Parker Hannifin retains and controls all technical rights to this system, including all of the components that are included in the Retrofit Kit.

f. The estimated cost to research and develop a technical data package of the DAM was estimated to cost at least $1,000,000 and take more than 16 months. To wait sixteen months to develop a competitive TDP, six to eight months to compete and award a contract, and additional time to allow a contractor to produce, test, and ship, would result in failure of the Frag Kit 6 program. The Retrofit Kits would be a part of this effort and would also need to be tested and qualified. This would put the successful and timely implementation of the Frag Kit 6, which includes the DAM and Retrofit Kit, in jeopardy, resulting in reduced war fighting advantage and potential injury to Soldiers.

6. Efforts to Obtain Competition: Due to the urgency and short timeframe of shipping the

Retrofit Kits, the proposed contract action will not be synopsized.

7. Actions to Increase Competition: The process to obtain additional approved suppliers for this specific requirement is not on-going beyond Parker Hannifin due to the high development resources and the fact that there are no known requirements beyond the current quantity of 850

Retrofit Kits. There is insufficient time and demand to justify the expense of acquiring TDP from Parker Hannifin or using Government resources to develop a competitive TDP for this item.

8. Market Research: Due to the short suspense and the urgency of these Retrofit Kits, there is not enough time to conduct market research, analyze results, and procure accordingly.

Additionally, the Retrofit Kit is an enhancement of the DAM, which is currently being produced by Parker. Even if a competitive TDP was available, another contractor will need to have their

Retrofit Kit qualified, and there is no time to do so with Retrofit Kits required urgently.

9. Interested Sources: To date, XXX have expressed interest in developing a DAM. The contract for the DAM was awarded to Parker Hannifin in February 2009. To date, no other sources have expressed interest in writing for developing a DAM Retrofit Kit. The notices required by FAR 5.201 will not be published due to FAR 5.202(a)(2).

10. Other Factors:

Procurement History: None

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in the J&A, are accurate and complete to the best of my knowledge and belief.

Name: XXXX date: 19 June 2009

Title: APM ARMOR (HMMWV) Signature: //S//

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

Name: XXXX Date: 19 June 2009

Title: Acting-DPM, LTV Signature: //s//

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on comparing costs to the proposal submitted for the base contract, which was audited by DCAA and analyzed by TACOM

Contracting Center – Rock Island Pricing Team. Other than certified cost and pricing data will be required if necessary, in accordance with FAR 15.403.

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

Name: Lisa Devlin Date: 23 June 2009

Title: Contracting Officer Signature: //signed//

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of 850 Door Assist

Mechanism Retrofit Kits, Parker Hannifin’s part number 776103, in support of the DAM, at an estimated value of $123,411.50, on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(2), subject to the availability of funds, and provided the services and property described herein have otherwise been authorized for acquisition.

DATE: 23 June 2009 SIGNATURE: Lisa Devlin