JA_SPRRA212Q0079_Redacted.doc

SOURCE SELECTION INFORMATION-SEE FAR 2.101 and 3.104

SOURCE SELiCTION INFORMATION -See FAR :,. t 01 and 3.104

SPRRA2-12-Q-0079

JUSTIFICATION & APPROVAL

FOR OTJIER THAN FULL AND OPEN COMPETITION AVENGER WEAPON SYSTEM

1. Contracting Activity

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the US Army Aviation and Missile Life Cycle Management Command (AMCOM). The contracting authority for this requirement is Defense Logistics Agency (OLA) Strategic Acquisitions Program - Huntsville, Alabama, DLA/AHA. The purchase request number supporting this contracting action is Dl2F001301.

2. Description of the Action Being Processed

Due to the circumstances described herein, this activity requests authority to acquire the spares listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This action will result in the award of a new contract, which will be a firm-fixed price. This sole source requirement will be solicited from the following source:

Marvin Land Systems, Inc., Large Business 261 W. Beach Avenue Inglewood, CA 90302-2903

CAGE: 064H2 NAICS: 336312

3. Descri ption of the Supplies Required to Meet the Agency's Needs

The Government proposes to acquire on a contract, for a quantity of 92 each of Governor, Electronic Box, NSN: 2910-01-476-2352, Part Number: 13502655, Unit Price: applicable to the M-OP AVENGER. The estimated contract value is A firm-fixed price type contract utilizing Army Working Capital Funds, (Reparable) is contemplated.

Production Lead-time without First Article Testing is 92 each, 90 Days After Contract Award

(OACA).

4. Statutory Authority Pennitting Other than Full and Open Competition

1 0 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. Demonstration that the Contractor's Unique Qualification or Nature of the Acquisition Requires the Use of the Authority Cited Above

The item in paragraph 3 requires engineering source approval by the design control activity in order to maintain the quality of the part. The Aviation and Missile Research, Development and Engineering Center (AMRDEC) Breakout Engineers have assigned the Acquisition Method

SOURCE SELECTION INFORMATION -SEE FAR 2.101 and 3.1 04

SOURCE SELECTION INFORMATION- See FAR 2:.101 and 3.104

SPRRA2-12-Q-0079

Reason Code (AMRC) "3B" thereby restricting the manufacture of the item from only approved sources. The approved sources have the unique design capability, engineering skills, and manufacturing knowledge to produce this item.

Breakout Engineering has assigned Acquisition Method Code (AMC) "3", which states, "Acquire for the second or subsequent time, directly from the actual manufacturer" and Acquisition Method Suffix Codes "B" states, "This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100."

Accordingly, Marvin Land Systems is the only firm capable of providing the supplies and services described in Paragraph 3 above without the warfighter experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to Ensure That Offers Are Solicited From As Many Potential Sources As Deemed Practicable

This requirement will be synopsized on Federal Business Opportunities (FedBizOpps) as required by FAR 5.20 I. The extent of competition anticipated is the source identified in paragraph 2. In an effort to obtain maximum competition, the synopsis will encourage firms that recognize and can produce the item described in paragraph 3 to identify themselves.

The synopsis encourages firms to seek source approval in order to compete for future solicitations by accessing the AMCOM Competition Management Office website and looking under Standardized Aviation and Missile Source Approval Request (SAMSAR). Improving the competitive status of acquisition include review and screening under the procedures of the DOD Spare Parts Breakout Program, Defense Federal Acquisition Regulation Procedures, Guidance and Information (PGI) 217.7506.

7. Determination by the Contracting Officer That The Anticipated Cost to the Government will be fair and Reasonable

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.404, it is anticipated that negotiations will be conducted using information other than cost and pricing data from the contractor. Thorough price analysis will be conducted using available information and approved pricing techniques that will support the contracting office in making a determination that the price paid to the contractor is fair and reasonable to the Government.

8. Description of the Market Research Conducted and the Results, or Statement of the Reasons Market Research was not Conducted

Due to the non-competitive nature of the required item, no external market survey was conducted. It has been determined that the Government's need cannot be met by an item available in the commercial marketplace; therefore, FAR Part 12 will not be used.

SOURCE SELECTION INFORMATION- See FAR 2. 101 and 3.104

SPRRA2-12-Q-0079

9. Any Other Facts Supporting the Use of Other than Full and Open Competition

This OEM is not willing to sell data rights to the Government, which means the technical data package, specification, and engineering description suitable for Full and Open Competition cannot be developed without reverse engineering. The Government has determined that reverse engineering is cost prohibitive.

To ensure that the contractor obtains competition in subcontracting, the applicable FAR and DFARS clauses will be included in the solicitation and resulting contract.

Procurement history below:

PIIN

EFF. DATE

QTY

NET PRICE

CONTRACTOR

W31P4Q-05-D-0057 26.09.2005 $1,156.13 Marvin Land Systems, Inc.

W31 P4Q-04-D-0013

03.11 .2003 $1,133.55 Marvin Land Systems, Inc.

10. List of Sources, If Any That Expressed Interest in the Acquisition

See Paragraph 6 above.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome Any Barriers to Competition before Making Subsequent Acquisitions for the Supplies

Firms are encouraged to seek source approval in order to compete for future solicitations by accessing the website www.redstone.army.mil/cmo/ and looking under Standardized Aviation and Missile Source Approval Request (SAMSAR). Currently, there are no outstanding qualification requests on this item; however, this is a continuous method of identifying potential new sources of supply.

12. Contracting Officer's Certification

The Contracting Officer's signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. This signature serves as the approval.

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Name: RONALD D. CONRAD Date: Title: Contracting Officer Signature:

SOURCE SELeCTION INFORMATION-See FAR L. 10 I and 3.I 04

SPRRA2-1 2-Q-0079

J 3. Technical Requirements Personnel's Certification

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

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Name: Title:

Requirements Certification: I certify that the su pporti ng data under my cognizance, which are included in this J&A, are accurate and complete to the best of my knowledge and belief.

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Name: Title:

APPROVAL

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I have reviewed the foregoing justification, and my signature serves as the llnn

Date: 12 June 2012

Contracting Officer