DLA0677.pdf

DEFENSE LOGISTICS AGENCY J&A : SPRDL1-15-R-0087

SPRDL1-15-R-0087

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: CEP KIT

b. QUANTITY: 1,096

OPTION QUANTITY: 1,096

c. NSN: 5965-01-536-5644

d. MPN: CEP508-K03

e. VEHICLE SYSTEM: Armament Subsystem, 30mm, XM139

f. ESTIMATED UNIT PRICE: $91.48

g. ESTIMATED VALUE: $ 100,262.08

ESTIMATED OPTION VALUE: $ 100,262.08

ESTIMATED TOTAL VALUE: $ 200,524.16

h. PRON NUMBER: EH-5V5219-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: COMMUNICATIONS & EAR PROTECTION INC Cage: 1JGL0 Part Number: CEP508-K03

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 available because this item is proprietary to Communications & Ear Protection INC (CAGE Code 1JGL0), who is the actual (or original equipment) manufacturer. It lists Communications & Ear Protection INC (CAGE Code: 1JGL0) as the only Approved Source of Supply.

Thus, this CEP KIT is sole source to Communications & Ear Protection INC and should be procured on a non-competitive basis.

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

(1) There is currently no effort underway to obtain competitive technical data for this item or to qualify additional sources. Based on ARDEC-RI’s engineering judgment and experience, developing a competitive package, including any reverse engineering;

or procuring the proprietary data; or qualifying additional sources would cost in excess of $194,000. This overall cost will not be recovered through subsequent competition.

(2) The engineering development, including any reverse engineering, qualification and reliability testing would exceed 1.5 years. 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.

c. Demonstration of Approved Contractor's Unique Qualifications:

Communications & Ear Protection INC is the acknowledged leader in communications earplugs for use by Army Aviation. Their products have been Airworthiness Certified by the US Army AMRDEC, and Communications & Ear Protection INC is the only manufacturer qualified to produce these products to the specifications certified by the U.S. Army.

d. Efforts to Qualify Additional Suppliers for future procurements:

No contractors are in the process of being qualified due to funding contraints. The funding associated with qualifying a new source is not expected to be recovered through subsequent completion. There has not been any expressed interest by any known contractors to become a qualified source to produce the CEP Kits. Interested contractors can seek qualification throught the Source Approval Program with the Competion Management Office.

e. Market Research:

(1) Market research, consisting of an internet search, was performed on 16 December 2014 for this item. This item was designed particularly for this military application; there are no commercial or non-developmental items available to meet the Government needs or could be modified to meet the Government needs.

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

(3) This item does not appear on the Competition Advocate’s Shopping List (CASL), dated 31 July 2014, or the Advanced Procurement Planning List (APPL) dated 1 July 2014.

3. The POC for this action is Todd Brusven, General Engineer, DSN 793-2764

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

Name: _____________ Title: Chief, Medium Caliber, Demolition and Training Systems Branch Signature:__//s// ___________________________________ Date: __10 Feb 2015______________________________________

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH5V5219EH as to required quantities and delivery schedules are accurate and complete.

Item Manager: //s// _____________ Date: 10 February 2015

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

Name: _____________ Title: Team Leader, Aircraft Armament & CROWS Signature: //s// Date: 10 Feb 15

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-15-R-0087. It is proposed to negotiate a Firm-Fixed-Price contract with

COMMUNICATIONS & EAR PROTECTION INC for its part number CEP508-K03.

COMMUNICATIONS & EAR PROTECTION INC is the sole owner of the drawings and technical data rights. 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, Phone:

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 15.404. 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: Michael J. Bissig Title: Branch Chief / Contracting Officer Signature: //s// Date: 11 Feb. 2015

PART V - Legal Concurrence

Concur: // _____________// Date: 02/13/15