W52H0909P0132.pdf

CONTROL No. ACA080079

Program/Item: Pan Disrupter

Est. Dollar Value: 684,000.00

CMO # 08-310

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army TACOM LCMC (RI) Rock Island, IL 61299-7630.

2. Description of Action: This action will result in a firm fixed price commercial supply contract with Ideal Industries, Inc. to procure 218 Percussion Actuated Non-Electric (PAN)

Disrupters. Award is projected for the 3 rd

Qtr FY 2008 and 2007 MA9200(EOD) PA Program funds will be used. An acquisition plan is not required because it does not meet the dollar threshold for an acquisition plan.

3. Description of Supplies/Services: The award will include the purchase quantity of 218 PAN

Disrupters and Breech Spare Parts Kits, P/N USN-K998A, from Ideal Industries, Inc. The estimated value is $684,000.00. The proposed contract will not include an option provision.

IAW DoD Directive 5160.62 the Navy is designated Single Manager for the DoD EOD

Technology and Training Program, with the responsibility of development of EOD Tools and

Equipment for Joint Service EOD use.

4. Authority Cited: 10 USC 2304(c)(1) or 41 U.S.C. 253(c)(1), Only One Responsible Source as authorized by FAR 6.302-1(a)(2)(ii)(A) and (B).

5. Reason for Authority Cited and Ammunition Issues: As authorized by FAR 6.302-1(a)(2)(ii)(A) and (B), procurement for other than full and open competition for the Percussion Actuated Non-

Electric (PAN) disruptor and spare and repair parts used in system maintenance is necessary because parts from a manufacturer other than the original equipment manufacturer, Ideal Products, or an authorized dealer would require on-system safety testing, additional user testing and retraining of

EOD technicians which would result in loss of productivity and potential safety issues.

The PAN Disruptor was developed by Sandia National Laboratory and licensed to Ideal Products.

Such parts, if not conforming to OEM requirements, not only could cause system damage, but also could cause injury or death to personnel. Since the Government does not own the technical data for the system or its parts, nor does the Government have rights to the technical data, competitively procuring the system and replacement parts is impractical and would incur testing and re-engineering costs that the Government could not reasonably expect to recoup through competition.

The PAN Disruptor and parts from other than the OEM, Ideal Products, will have to undergo user and safety testing.

Est. Dollar Value: 684,000.00

CMO # 08-310

This justification and approval is for the PAN Disrupter only but it is a component of a larger system, and the interoperability with the other components of the system, i.e., the ammunition, is critical. In conjunction with the original procurement of the PAN, seven special purpose 12-gage cartridges were added to the Army ammunition inventory.

6. Efforts to Obtain Competition: This requirement will be synopsized in FedBizOps, as required by FAR 5.201(c) to further increase contracting and subcontracting opportunities.

7. Actions to Increase Competition and Foster Future Competition: This procurement is for the purchase of the Ideal Products, Inc. PAN Disrupter. For reasons as stated in paragraph 5, only the Ideal Products, Inc. PAN Disrupter will satisfy this requirement. The size of this buy is intended to satisfy all projected requirements thru at least FY 2012.

8. Market Research: Market research was recently performed by ARDEC Engineering using the

Internet and other available resources. Although there are similar products available, the PAN

Disruptor manufactured by Ideal Products is the only one available to meet user requirements for form, fit, function and interface as outlined in paragraphs 3 and 5 above. The Ideal Products PAN

Disruptor is sold to police departments and authorized users. As such, it meets the FAR Part 2 definition of a commercial item.

9. Interested Sources: To date, no other sources have expressed an interest in writing. The notices required by FAR 5.201 have been published and any proposals received shall be considered.

10. Other Factors:

Procurement History:

Contract: GSA GS-07F-9146S

Contractor: Ideal Products, Inc.

*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 XXX Date: 10 Apr 2008

Title: EOD Systems Acquisition Manager Signature: //signed//

*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: Date: 10 Apr 2008

Est. Dollar Value: 684,000.00

Title: EOD Systems Acquisition Manager 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 based on a price analysis.

Certified cost or price data will not be required based on FAR Part 15.403-1(b)(3).

Name: Joan Wysoske _________ Date: 10 Apr 2008

Title: Contracting Officer ________ Signature: //signed//

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

Name: Joan Wysoske Date: 10 Apr 2008

Title: Contracting Officer Signature: //signed//

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of 218 each PAN

Disrupters and Breech Spare Parts Kits, P/N USN-K998A, NSN 1385-01-482-6168 to remotely disrupt IEDs at a total estimated value of $684,000.00 on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(1), subject to the availability of funds, and provided that the services and property described herein have otherwise been authorized for acquisition.

DATE: 15 Apr 2008 SIGNATURE:

__//signed//______________________

LA RUTH SHEPHERD

Est. Dollar Value: 684,000.00

Competition Advocate