DLA0698.pdf

DEFENSE LOGISTICS AGENCY J&A : SPRDL1-15-R-0070

SPRDL1-15-R-0070

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: NITROGEN INTENSIFLE

b. QUANTITY: 30

OPTION QUANTITY: 30

c. NSN: 1025-01-473-8886

d. MPN: KJ1000:1MV66

e. VEHICLE SYSTEM: GG - Howitzer, 155-mm, M198

f. ESTIMATED UNIT PRICE: $7,989.95

g. ESTIMATED VALUE: $239,698.50

ESTIMATED OPTION VALUE: $239,698.50

ESTIMATED TOTAL VALUE: $479,397.00

h. PRON NUMBER: EH56E679EH

i. TYPE OF FUNDS: Army Working Capital Funds (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 for the above item is:

a. Contractor Name: Mandus Group Cage: 1MV66 Part Number: KJ1000

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 and not suitable for full and open competition. This item is proprietary to Mandus Group (CAGE Code: 1MV66), who is the actual (or original equipment) manufacturer. The technical data required to manufacture this part is owned by Merrill Technologies.

Thus, the Government does not own a competitive Level III TDP for this item, and no other contractor can viably provide this item at this time.

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 because funds are not available to acquire the data necessary to support a competitive acquisition. In addition to not having the information necessary to develop a competitive TDP, ARDEC-RI engineer estimates that the cost to develop a competitive package for this item through reverse engineering, qualification procedures and engineering analysis are listed below:

1. PRON EH56E679EH – Nitrogen Intensifier - NSN: 1025-01-473-8886

Estimated costs associated with reverse engineering: $300,000 Estimated time associated with reverse engineering: 12 months

Estimated costs associated with the development of qualification procedures: $150,000 Estimated time associated with the development of qualification procedures: 4 months

Estimated costs associated with conducting engineering analysis: $200,000 Estimated time associated with conducting engineering analysis: 6 months

c. Demonstration of Approved Contractor's Unique Qualifications:

Mandus Group has the requisite technical and engineering expertise to perform all efforts required to provide this Nitrogen Intensifier. Mandus Group has demonstrated the unique and proven manufacturing capabilities to establish and maintain the processing control required to repetitively produce this item.

Mandus Group is the only contractor who has the required technical and engineering knowledge, production facility expertise, internal configuration control, overall management capability, and quality testing capabilities necessary to produce, and deliver this item.

d. Efforts to Qualify Additional Suppliers for future procurements:

This procurement will be synopsized in FedBizOps website, and the solicitation will be posted on the Army Contracting Command (ACC) Warren Procurement Network (PROC NET) website. Interested suppliers may apply to the Source Approval Program of the TACOM LCMC-Warren Competition Advocate’s Office

e. Market Research:

This item appears on the Competition Advocate’s Shopping List (CASL). The CASL contains TACOM-Warren’s projected buy list of sole source items for the next three years based on the AMRC Codes of 3,4 and 5. It is updated and advertised twice a year in the FedBizOpps and is available to interested contractors on the TACOM-Warren Business Opportunities website under the Future and Potential Buys Link. Contractors interested in competing on any items listed are instructed to contact the Competition Advocate’s Office.

A sources sought synopis was requested on 29 January 2015. To date no additional contractors have expressed interest in this item.

3. The POC for this action is .

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

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH56E679EH as to required quantities and delivery schedules are accurate and complete.

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

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-15-R-0070. It is proposed to negotiate a Firm-Fixed-Price contract with Mandus Group (CAGE 1MV66) for its part number KJ1000. Mandus Group 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, 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.

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.

The appropriate forms of cost and/or price analysis will be utilized. If necessary, negotiations will be conducted. Due to the value of the procurement, certified cost and pricing data is not required. If necessary, other than certified cost or pricing data will be used 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: Leah Bourdeau Title: Contracting Officer Signature: //s// LCB Date: 27 March 2015

PART V - Legal Concurrence