DLA0673.pdf

DEFENSE LOGISTICS AGENCY J&A : SPRDL1-14-R-0123

SPRDL1-14-R-0123

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The Defense Logistics Agency – Warren (DLA – 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: Circuit Card Assembly (CCA)

b. QUANTITY: 48 Each OPTION QUANTITY: 48 Each

c. NSN: 5998-01-619-9745

d. MPN: 12992074-3

e. VEHICLE SYSTEM: MM-Bradley Fighting Vehicle

f. ESTIMATED UNIT PRICE: $4,558.61

g. ESTIMATED VALUE: $218,813.28

ESTIMATED OPTION VALUE: $218,813.28

ESTIMATED TOTAL VALUE: $437,626.56

h. PRON NUMBER: EH-46E327-EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm Fixed Price

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: BAE Systems Land & Armaments Limited Partnership

DBA US Combat Systems, Ground System Division 1205 Coleman Ave.

Santa Clara, CA 95050-2619

POC Mike Fuller 256-235-9706 Cage: 80212 Part Number: 12992074-3

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

a. Status of the Acquisition Data:

This item does not have an available Government-owned Technical Data Package (TDP). The Government did not fund the Original Manufacturer to prepare complete TDPs capable of fostering competition. The Government does not own any data rights for this technical data. Since these items were developed and tested at private expense, such data is proprietary to the original source. Because of this, circuit card assembly 12992074-3 must be purchased from the only responsible source, BAE Systems, the system developer and holder of data rights.

b. Efforts to Increase Competition or Qualify a New Source in Relation to this Procurement: The costs associated with engineering testing and qualifying another source are expected to be in excess of any cost savings from competition by an order of magnitude given the small quantities being purchased. Additionally there are no known efforts to obtain competitive technical data, or funding by which this can be achieved in a responsible timeframe. It is also unlikely that the Government needs would ever meet quantities that would warrant competition (i.e. 500 units per year) and make the expenditure of resources for competition a reasonable course of action.

Given that no effort is under way to provide funding, it is estimated that it would take 1 year for the Government to obtain funding and contract with BAE for competitive technical data for this item. After contract award on or about October 2015, it is estimated that it would take 2 years for the technical data to be developed, reviewed, delivered to the Government, and subsequently be made available for competitive contracting (i.e. October 2017). Once this technical data were made available, it is estimated that it would take another year for the contracting agency to solicit and competitively award the contract competitively (i.e. October 2018). Once this were to occur, it is expected that the competitive contractor would need 18 months to build and pass first article items and deliver the contractual quantity of the first years build (i.e.

March 2020).

It is important to understand that the above estimates do not take into consideration any margin for failure or delay in any step of the process.

Given the estimate above, a huge percentage of the Army fleet of Bradley Fighting Vehicles would incapable of their basic function of supporting troops.

c. Demonstration of Approved Contractor's Unique Qualifications:

The Prime contractor BAE has developed the drawings, integrated and tested this item into its electronics assembly which they also integrated into the Bradley Fighting Vehicles fire control system.

The contractor has also demonstrated they are able to produce by supplying the entire fielded population of vehicles requiring this circuit card as well as all spares used by the U.S. Army to date, and meeting suspense dates over the life of the program.

d. Efforts to Qualify Additional Suppliers for future procurements: No contractors are in the process of becoming qualified, and no other contractor would be able to provide qualified spares in a reasonable time frame given the funding restraints and the estimated time line in 2b above.

e. Market Research:

Market research was performed on 29 May 2014. The item was designed for military only applications and there are no commercial or non-developmental items available to meet the Army’s needs outright or by modification

Additionally, to date, no additional contractors have expressed an interest in this item in writing to this office.

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

3. The POC for this action is _______________, General Engineer Ext. DSN _______.

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

Name: _______________ Title: General Engineer (A), Med Cal Branch, RDAR-EIS-CM Signature: //signed// Date: 30 May 2014 PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH46E327EH as to required quantities and delivery schedules are accurate and complete.

Item Manager: _______________ Date: 6/2/2014

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

Name: _______________ Title: Item Manager Signature: //s// Date: 6/2/2014

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-14-R-0123. It is proposed to negotiate a Firm-Fixed-Price contract with BAE

Systems Land & Armaments Limited Partnership, DBA US Combat Systems, Ground System

Division for their part number 12992074-3. BAE Systems Land & Armaments Limited 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 _______________, OFFICE SYMBOL: ZGAE, Ext.

5. Fair and Reasonable Determination: Fair and Reasonable Determination I hereby determine that the anticipated cost for this contract action will be fair and reasonable based on FAR 15.403-1(c)(1)(ii)(A)(1) and (2). Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable. The appropriate forms of cost and/or price analysis will be utilized, and negotiations will be conducted if necessary.

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: Contracting Officer Signature: Morris A. Belleville /S/ Date: 06/02/2014

PART V - Legal Concurrence

Concur: // _______________// Date: 06/03/2014