DLA0260.pdf

DEFENSE LOGISTICS AGENCY LAND – Warren

J&A: SPRDL1-10-R-0316

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The Defense Logistics Agency Land – Warren (DLA Land - Warren), is the procuring activity for this action. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, "Only One Responsible Source and no other supplies or services will satisfy requirements."

PART I - Description of Item Required:

a. NOUN: i) Circuit Card Assy (CCA)

ii) Circuit Card Assy (CCA)

b. i) QUANTITY: 12

ii) QUANTITY: 8

ii) OPTION QUANTITY: 8

c. i) NSN: 5998-01-555-9359

ii) NSN: 5998-01-555-0359

d. i) MPN: 12994026-2

ii) MPN: 13011533

e. VEHICLE SYSTEM: Bradley Fighting Vehicle

f. i) ESTIMATED UNIT PRICE: $5,800.00

ii) ESTIMATED UNIT PRICE: $5,000.00

g. i) ESTIMATED VALUE: $69,600.00

ii) ESTIMATED VALUE: $40,000.00

ii) ESTIMATED OPTION VALUE: $40,000.00

ESTIMATED TOTAL VALUE: $149,600.00

h. i) PRON NUMBER: M1015676M1

ii) PRON NUMBER: M1018304M1

i. TYPE OF FUNDS: Army Working Capital Fund (AWCF)

j. TYPE OF CONTRACT: Firm Fixed Price (FFP)

PART II - Technical Information and Certification

1. The US Army TACOM LCMC requires the acquisition of the above item. The only approved source(s) for the above item is (are):

a. Contractor(s) Name: DRS Test and Energy Management 110 Wynn Drive Huntsville, AL 35805

Cage: 24290 Part Number(s): 12994026-2 & 13011533

2. Reasons the item is not suitable for full and open competition:

a. Status of the Acquisition Data:

The Technical Data Package (TDP) acquisition production specification data is not fully defined, since the item was developed and tested at the above source’s expense. Further the above source obtained Government approval of this item for application in the Bradley at private expense.

Therefore, such data is considered proprietary to the above source. Since the above source owns all of the proprietary data rights, the competitive data is not available for a competitive procurement process.

Additionally, the Government did not fund the supplier to prepare a fully detailed TDP after approval.

As such, the supplier is the sole owner of the drawings and technical data rights, and the Government does not own proprietary rights to the TDP that would be required to produce a competitive TDP.

The lack of data makes it necessary to procure this item on a non-competitive basis from the listed source.

b. Efforts to Increase Competition or Qualify a New Source in Relation to this Procurement:

The costs associated with engineering and testing are not expected to be recovered through subsequent competition. The application development, including any reverse engineering; or vehicle operational acceptance testing would take an estimated 156 weeks; The delay associated with these efforts is unacceptable in fulfilling TACOM’s requirements and would have significant detrimental impact on TACOM’s ability to support the soldier in the field.

Previous experience, by knowledgeable individuals in Government, estimate the overall cost of developing a competitive package, including any reverse engineering; or procuring the proprietary data; or qualifying additional sources to be in excess of $100,000.00. This overall cost will not be recovered through subsequent competition.

In addition, the quantity required (8 & 12) is so small that it the cost of developing a competitive TDP would not be recovered through competition.

c. Demonstration of Approved Contractor's Unique Qualifications:

DRS Technologies, located in Huntsville Alabama, is a leading supplier of integrated products, services and support to military forces, intelligence agencies and prime contractors worldwide.

Focused on defense technology, the Company develops, manufactures and supports a broad range of systems for mission critical and military sustainment requirements, as well as homeland security.

DRS Technologies developed the item identified without Government assistance. DRS has the qualities and capabilities to produce this item, and has successfully delivered this item in the past.

d. Efforts to Qualify Additional Suppliers for future procurements:

No contractors are in the process of being qualified at this time nor will be prior to the contract award due to funding constraints. The funding associated with qualifying a new source is not expected to be recovered through subsequent competition.

Qualifying a new source would require a substantial expenditure of the limited funding that has been provided to support the Bradley. New sources would require the development of extensive testing and processing procedures. The additional time required for these actions would prohibit delivery of the items in a time frame that would meet the Government’s requirements.

There has not been any expressed interest by any known contractors to become a qualified source to produce this power supply. Interested contractors can seek qualification through the Source Approval Program with the Competition Management Office.

e. Market Research:

This procurement will be synopsized in FedBizOps and interested suppliers may apply to the Competition Management Office.

This item does not appear on the TACOM Rock Island Competition Advocate’s Shopping List (CASL) dated 05 May 2009. This item also does not appear on the TACOM Warren CASL or the Advanced Procurement Planning List dated 21 June 2010.

On 18 August 2010, A Sources Sought Synopsis has been requested. To date, no additional contractors have expressed an interest in this item.

3. The POC ______________________________________________________

4. Technical Certification: I certify that my supporting data are accurate and complete to the best of my knowledge and belief.

Name: __________________ Title: ____________________________________ Signature://s// Date: 30 August 2010

PART III - Requirements Certification

1a. Per FAR 6.303-2(b), I certify that data provided on PRON M1015676M1 as to required quantities and delivery schedules are accurate and complete.

Item Manager: __________________ Signature: //s// Date: 31 Aug 10

1b. Per FAR 6.303-2(b), I certify that data provided on PRON M11018304M1 as to required quantities and delivery schedules are accurate and complete.

Item Manager: __________________ Signature: //s// Date: 31 Aug 10

2. Requirements Certification - I certify that this data is accurate and complete to the best of my knowledge and belief.

Name: __________________ Title: __________________ Signature: //s// Date: 31 Aug 10

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request for Proposals SPRDL1-10-R- 0316. It is proposed to negotiate a Firm-Fixed-Price contract with DRS Test and Energy Management for their part number 12994026-2 & 13011533. DRS is the sole owner of the drawings and technical data rights and the Government does not own proprietary rights to the Technical Data Package.

2. Efforts to Obtain Competition: Although this procurement will be restricted to the above source(s), every effort will be made to obtain potential sources by synopsis through the FedBizOpps system.

3. Interested Sources: To date, no other sources have expressed a written interest in the acquisition of this item. Should potential sources respond to the synopsis in FedBizOpps, they will be evaluated by the appropriate engineering office as an alternate source.

4. The POC for this action is ______________________________________________________.

5. Fair and Reasonable Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable. Due to the value of the procurement, certified cost and pricing data will not be required. However, the Government will request information other than cost or pricing data if necessary to support price reasonableness in accordance with FAR 15.403-3.

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

Name: Morris Belleville Title: Chief, CECOM / Rock Island Branch Signature: Morris A. Belleville /S/ Date: 08/31/2010

PART V - Legal Concurrence

Concur: __________________ Date: 31 August 2010