DLA0687.pdf

SPRDL1-14-R-0228

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

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(s) Required:

1 . PRON EH45E172EH

2 . NOUN: CIRCUIT CARD ASSEMBLY,

PRIME POWER INTERRUPTER

3 . NSN: 5998-01-356-6139

4 a. MFG P/N: BMC12347123

b. MIL P/N: 12347123

5 . VEHICLE SYSTEM: M1 FOV

6 . ESTIMATED UNIT PRICE: $ 2,170.00

7 a. BASIC QUANTITY: 93

b. OPTION QUANTITY: 93

c. TOTAL QUANTITY: 186

8 a. ESTIMATED BASIC VALUE: $ 201,810.00

b. ESTIMATED OPTION VALUE: $ 201,810.00

c. ESTIMATED TOTAL VALUE: $ 403,620.00

9 . TYPE OF FUNDS: Army Working Capital Fund

10 . 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 for the above item is:

CONTRACTOR(S) NAME: BORISCH MANUFACTURING

CAGE #: 01BB2

MFG P/N: BMC12347123

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

a. Status of the Acquisition Data:

The Government does not own proprietary rights to the data that would be required to produce a competitive TDP. The technical data required to manufacture this item (CIRCUIT CARD ASSEMBLY, PRIME POWER INTERRUPTER, Manufacturer part number BMC12347123) belongs to BORISCH MANUFACTURING. The above identified approved source developed, tested and obtained the Government's approval of this item for the at their own cost. The Government did not fund their efforts in developing and testing this item. Additionally, the Government did not fund them to prepare fully defined TDPs after approval. As such, BORISCH MANUFACTURING is the sole owner of their drawings and technical data rights. The Government does not own proprietary rights that would be required to produce a competitive TDP.

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

Procurement:

There are no current plans to acquire a competitive TDP. TARDEC estimates the cost to develop a competitive package for this item through reverse engineering to be at least $250K with a delay of approximately twelve months. This includes fabrication and testing of prototype hardware and releasing a validated TDP.

Added to these costs and delays would be the cost and time required to test and qualify another source. Qualification and durability testing required for this item manufactured by new source(s) require development and building of test equipment at an estimated cost of an additional $250K for an estimated additional 6-12 months. Cost of manufacturing 3 prototypes at 100K each based on current part and labor costs will be an additional 300K. Therefore, total cost to the government is estimated at approximately 800K. Testing may also surface latent defects that could adversely impact the readiness of the equipment and Operational and Support (O & S) costs. The estimates provided are based on engineering judgment and experience. An award to any other source would probably cause a substantial duplication of cost to the Government not expected to be recovered through competition and would cause unacceptable delays in fulfilling the agency’s requirements. Qualifying a new source would require a substantial expenditure. A new source would require tooling adjustment and development of extensive processing procedures. The additional time required for these actions would preclude delivery of the item in a time frame that would meet the Government’s requirements. Due to lack of funding and urgency of the item requirement, the Government would not be able to conduct reverse engineering efforts at this time. These stated costs would be very difficult to recoup through subsequent competition and the consequential time delay for this effort is unacceptable to meet the Government’s requirements.

c. Demonstration of Approved Contractor's Unique Qualifications:

The approved source, i.e., BORISCH MANUFACTURING is the sole owner of their drawings and technical data rights. The Government did not buy their proprietary rights to produce a competitive TDP. Only BORISCH MANUFACTURING has the requisite technical and engineering expertise to perform all efforts required to provide the supplies and services identified in this J & A. BORISCH MANUFACTURING has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item. This item has been proven acceptable through extensive vehicle testing. An award to any other source would cause a substantial duplication of cost to the Government not expected to be recovered through competition and would cause unacceptable delays in fulfilling the agency’s requirements. Qualifying a new source would require a substantial expenditure. A new source would require tooling adjustment and development of extensive processing procedures. The additional time required for these actions would preclude delivery of the item in a time frame that would meet the Government’s requirements.

d. Efforts to Qualify Additional Suppliers for future procurements:

No vendors are in the process of being qualified at this time, nor will be prior to the contract award due to funding constraints. At this time, there are no current or planned efforts to qualify additional sources due to the fact that there is no technical data available, nor are there any funds available to conduct the extensive (costly and time consuming) qualification testing requirements.

Currently, there has not been any expressed interest by any known vendor(s) to become qualified source(s) to produce this item. Contractors interested in producing this item can seek approval through the Source Approval Program with the Competition Advocates Office.

e. Market Research:

on The Advanced Procurement Planning List (APPL)

(last updated on 31 July 2014)

The item

CIRCUIT CARD ASSEMBLY, PRIME POWER

INTERRUPTER

does appear does not X on The Competition Advocate’s Shopping List (CASL)

(last updated on 31 July 2014)

Contractors interested in competing on any item listed are instructed to contact the Competition Advocate’s Office. While other sources are available to produce similar items, none of these sources have produced this specific item for military application and none have completed the necessary testing to become a qualified source. Funding and information for this item to conduct the necessary qualification testing is not available. Market research was performed by TARDEC Engineering on 18 September 2014 by reviewing available vendor catalogs and product literature published by similar manufacturers, distributors and dealers to see if any other sources exist and to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs. Thus to date, no contractors have expressed an interest in this item.

3. POC for this action is William Levin (ext. 5638) Electrical, Electronics and Special Equipment (EESE), Product System Support (PSS).

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

Name: William Levin Date: 18 September 2014

Title: Electrical Engineer Signature: //Signed//

Name: Fred Krestik Date: 18 September 2014

Title: TL, Electronic / Electrical Special Equipment Signature: //Signed//

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH45E172EH, as to required quantities and delivery schedules are accurate and complete.

Name: Lori (Mickey) Christopher Date: 18 September 2014

Title: Item Manager Signature: //Signed//

The item

CIRCUIT CARD ASSEMBLY, PRIME POWER

INTERRUPTER

does X appear does not

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

Name: Shannon Fields Date: 18 September 2014

Title: Team leader Signature: //Signed//

Name: Date: 18 Sep 2014

_________Susan Cashero____________________________________________________________ ____________________________________________________________

Title: Supervisor Signature: //Signed//

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request for Proposals

SPRDL1-14-R-0228. It is proposed to negotiate a firm fixed-price contract with Amphenol Borisch Technologies (CAGE 01BB2) for its part number BMC12347123.

This vendor’s part is the only Circuit Card Assembly approved for this application.

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 in the FEDBIZOPPS (FBO) system.

3. The POC for this action is Contract Specialist, Shirley Gharagozloo, DLA Land – Warren/Combat Branch (ZGAA), (586) 282-3169.

4. Fair and Reasonable Determination: I hereby determine that the anticipated cost 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. The appropriate forms of cost and/or price analysis will be utilized, and negotiations will be conducted if necessary. Certified cost or pricing data will not be required for this non-commercial part as the estimated value is less than the $700,000 certification threshold.

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

Name: Marlene J. Scheele Date: 19 Sep 14

Title: Contracting Officer Signature: /s/

PART V - Legal Concurrence:

Concur: // Darin R. Morency // Date: 09/21/2014 ____________________________________________________________________________________________________________ _____________________________________________________________

PART VI - Approval Authority for Acquisitions Equal to or Greater Than $650,000.

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

Based on the foregoing Justification, I hereby approve the procurement of the following:

a. NOUN:

b. QUANTITY:

OPTION QUANTITY:

TOTAL QUANTITY:

c. NSN:

d. MILITARY P/N:

e. VEHICLE SYSTEM:

f. ESTIMATED UNIT PRICE:

g. ESTIMATED VALUE:

ESTIMATED OPTION VALUE:

ESTIMATED TOTAL VALUE:

This action will be awarded under other than full and open competition pursuant to the authority of 10 USC 2304(c)(1) and subject to the availability of funds. This approval is subject to the proviso that the property herein described has otherwise been authorized for acquisition.

Signature:

Date: