W52H0910C0020.pdf

CONTROL No. ACB100015

Program/Item: CROWS II

Carrying Case W/Foam

Est. Dollar Value: $175,000.00

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army TACOM Contracting Center (RI) Rock Island, IL

61299-7630.

2. Description of Action: This action will result in a Firm Fixed Price contract with Ameripak

Inc. Award is projected for the 2nd quarter FY10 and SOCOM and OMA 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: 1,600 each Carrying Case w/Foam, P/N 1917A, NSN

1240-01-573-0377. End Use: Boresight Kit for the Common Remotely Operated Weapons

Station (CROWS) II XM153 System. The estimated value is $175,000.00. The proposed contract will not include an option provision.

4. Authority Cited: 10 USC 2304(c) (1), as implemented by FAR 6.302-1 (Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements).

5. Reason for Authority Cited: Procurement by other than full and open competition is necessary because normal procurement leadtime will not meet the required delivery date. A competitive Technical Data Package for the cases and the boresight kit just became available this year and a competitive procurement is currently in process. The solicitation is scheduled to be issued in March 2010. Contract award for the competitive contract is targeted for April 2010.

First production availability is projected to be March 2011. The expected estimate for availability of boresight kits via a competitive contract cannot satisfy the demand for kits needed to field the CROWS II system as scheduled.

The CROWS II system requires a boresight kit as a Basic Issue Item (BII). The case is one of the boresight kit components. The requirement for boresight kits parallels the production and fielding of the CROWS II system, as the boresight kit must be available before the systems can be fielded.

Currently, there are 3,450 boresight kits available and 3,934 CROWS in the field, resulting in a backorder of XXX boresight kits. The Army is fielding approximately XXX each CROWS II per month between Mar 2010 and Feb 2011, which will create an additional requirement of XXX each boresight kits. To meet this demand the Army needs to urgently procure an additional

XXXcases. This requirement takes into account the total fielding schedule, in addition to the current inventory of cases.

Ameripak has previously provided the case based on a competitive acquisition. As a result, Ameripak is able to ship cases in less than two (2) weeks to meet the current demand.

Competing this requirement will require lead times in excess of 8 weeks for another source. No other source can meet Ameripak’s delivery schedule since they are in production and will not require any set-up time, material acquisition, or other start-up requirements that other sources will face.

BII products for these critical weapons assume the same level of priority as the weapons. The maintaining of this critical support of US Army equipment requires sole source procurement of the case from Ameripak. A competitive procurement will not meet the Army’s fielding schedule for the CROWS. The impact of not procuring the required cases in a timeframe compatible with the fielding schedule for CROWS would beXXXX. Further, an improperly boresighted system would pose XXXX. The inherent danger of an improperly boresighted gun system would not be acceptable for active use.

6. Efforts to Obtain Competition: This procurement action has been synopsized in the

FedBizOpps per FAR 5.201 to alert interested contractors and subcontractors.

7. Actions to Increase Competition: A competitive procurement for the boresight kits, which includes the case, is currently in process. Future actions will be processed seeking maximum practicable competition if it is in the best interest of the Government.

8. Market Research: A market survey conducted in March 2008 by the CROWS Logistic

Management Specialist, AMSTA-LC-WSIC confirmed Ameripak has the capacity to meet the

UMR. Contract W52H09-09-P-0226 was awarded to Ameripak in June 2009 for the carrying case w/foam. Based on the market research conducted in March 2008 the Government now has fully competitive drawings and therefore additional market research is not considered necessary.

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 will be considered.

10. Other Factors:

Procurement History:

Contract: W52H09-09-P-0226

Contractor: Ameripak

Award Date: 02 June 2009

Competitive Status: Sole Source

Authority: FAR 6.302-1

Contract: W52H09-09-P-0328

Contractor: Ameripak

Award Date: 25 Sep 2009

Competitive Status: Sole Source

Authority: FAR 6.302-1

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: 24 Feb 2010

Title: Ch, Med Cal Demolition & Training Devices 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: XXXX: 10 Mar 2010

Title: Ldr Small Arms Grp Signature: XXX

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on price analysis in accordance with FAR

12. Certified cost or pricing data will not be required.

Name: _Tim Donohoe Date: 23 Feb 2010

Title: _Contracting Officer Signature: //S//

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

Name: _Tim Donohoe Date: 23 Feb 2010

Title: _Contracting Officer Signature: //S//

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of 1,600 each, Case w/Foam, P/N 1917A, NSN 1240-01-573-0377 for use on the CROWS II system, at a total estimated value of $175,000.00, 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: 16 March 2010 SIGNATURE: Tim Donohoe //S//

Contracting Officer

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

CONCURRENCE SHEET

Program/Equipment: Carrying Case W/Foam for CROWS II

Authority: 10 USC 2304(c) (1) Amount: $175,000.00

Prepared by: Typed Name: Amy Samberg DSN: 793-2735

Title: Contract Specialist Date: 20 Nov 09

PCO: Typed Name: Tim Donohoe DSN: 793-5875

Title: Contracting Officer Date:23 Feb 10

Technical: Typed Name: Robert Ellingsworth DSN: 793-6366

Title: Ch, Med Cal Branch Date: 24 Feb 10

Requirements: Typed Name: Joe Colarusso DSN: 793-4491

Title: Group Leader, Small Arms Date: 10 Mar 2010

COORDINATION:

AMSTA-LR Concur Erica A. Harder //s// 15 March 2010 concur/nonconcur) (signature) (date)