REDACTED_JA_SPRDL115R0106.pdf

CMO Control Number:

SPRDL1-15-R-0106

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 Required:

a. NOUN: Fuel Injector Assembly

b. QUANTITY: 1,079

OPTION QUANTITY: 1,079

TOTAL QUANTITY: 2,158

c. NSN: 2910-01-333-3648

d. MPN: 3062153 (New) or 3062153PX (ReCon)

e. VEHICLE SYSTEM: M2/M3

f. ESTIMATED UNIT PRICE: $ 189.54

g. ESTIMATED VALUE: $ 204,513.66

ESTIMATED OPTION VALUE: $ 204,513.66

ESTIMATED TOTAL VALUE: $ 409,027.32

h. PRON NUMBER: EH-56E336-EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm Fixed Price

k. AMC Code: 3; Acquire, for the second or subsequent time, directly from the actual manufacturer.

l. AMSC: H; The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source(s).

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: Cummins Inc.

Cage: 15434 Part Number: 3062153 (New) or 3062153PX (ReCon)

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

a. Status of the Acquisition Data:

One of the components of the Cummins VTA-903T Engine’s fuel system is the Fuel Injector Assembly, P/N 3062153. Cummins Inc. is the sole owner of their drawings and technical data rights. The government does not own proprietary rights to the TDP that would be required to produce a competitive TDP. The above identified supplier has developed, tested and obtained Government approval for this item for application to the M2 Bradley Vehicle system at their own cost. The Government did not fund their efforts in developing and testing this item. Only Cummins Inc. has the capability to manufacture the fuel pump and its components, perform failure analysis, develop inspection and acceptance criteria for components, and test the item.

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

Procurement:

Fuel Injector Assembly, P/N 3062153 is used on the M2 Bradley’s Cummins VTA-903T Engine. The Fuel Pump pushes the fuel to the fuel rail and the fuel then enters the cylinder through the injector. It functions as a main component for the engine’s fuel system. It is an integral part of the vehicles mobility and survivability system. This Fuel Injector Assembly allows the vehicles engine to operate. In order to qualify additional vendors, a significant amount of time and money would be necessary to reverse engineer, procure and test additional prototypes before releasing the TDP. This delay would severely impact the availability of the Fuel Injector Assembly in the field. This Fuel Injector Assembly is critical to Bradley vehicle readiness. 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. Through our previous experience, we estimate that the cost to develop a competitive package for this item through reverse engineering could run as high as $830K and could require an estimated delay of at least 15 months to include fabrication and testing of the prototype hardware, and releasing a validated TDP. Added to these costs and delays would be the cost and time to test and qualify another source. Qualification and durability testing would be required to prove out this item manufactured by new source(s) at an estimated cost of an additional $670K and delay of another 12 months. Therefore a total cost of $1.5 million and a 27 month delay would be incurred to release a new Fuel Injector. To do otherwise would be a high risk as a premature failure of this item in the field could result in an extensive loss of the equipment. Due to lack of funding and urgency of the item requirement, the Government would not be able to conduct reverse engineering effort at this time.

c. Demonstration of Approved Contractor's Unique Qualifications:

Only Cummins Inc. has the requisite technical and engineering expertise to perform all efforts and required integration to provide the item identified in this J&A. The current supplier has qualified in accordance with all the necessary test requirements and performance parameters. The subject component is installed on the Bradley vehicle’s Cummins VTA-903T Engine to provide effective operation of the engine’s fuel system. It provides a mechanism where the vehicles engine is fed with fuel. A failure of the Fuel Injector Assembly under battlefield conditions could damage the vehicles engine, thus rendering the vehicle unable to proceed with its mission function and endangering the life of the crew. The above approved source has demonstrated the ability to establish and maintain the required processing to produce this item. An award to any other source would cause a substantial duplication of costs to the Government not expected to be recovered through competition and would cause unacceptable delays in fulfilling PM Combat Systems fielding requirements. Qualifying a new source would also require a substantial expenditure of the limited funding. Any new source would require funding for the research and development of extensive processing procedures involved. Since the current contractor (Cummins Inc.)

owns all the data for this item, the additional time required for these actions would prohibit delivery of the items in a time frame that would meet the Government's requirements. Only Cummins Inc. has the capability to manufacture/supply this fuel pump and its components, perform failure analysis, develop inspection and acceptance criteria for components, and repair/rebuild and test the item.

d. Efforts to Qualify Additional Suppliers for future procurements:

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 for part number 3062153 (Fuel Injector Assembly) nor are there any funds available to conduct the extensive (costly and time consuming) qualification testing requirements.

Furthermore, any new source would be required to pass extensive validation testing of this item as those produced by the current vendor. The additional time required for these actions would prohibit delivery of the Fuel Injector Assembly in a time frame that would satisfy the Government's needs.

e. Market Research:

The Fuel Injector Assembly, P/N 3062153 does not appear on the Advanced Procurement Planning List (APPL) dated July 2014. It does appear on Competition Advocate Shopping List (CASL) dated July 2014. Market research was conducted in the preparation of this document. To date, no other sources have expressed an interest in this item; nor has any other source of supply been identified.

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.

Name:

Title:

Signature:

Date: Feb 10, 2015

Name:

Title:

Signature:

Date: Feb 11, 2015

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH56E336EH as to required quantities and delivery schedules are accurate and complete.

Name:

Title:

Signature:

Office:

Date: 11 Feb 15

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

Name:

Title:

Signature:

Date: 11 Feb 15

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-15-R-0106. It is proposed to negotiate a Firm-Fixed-Price contract with Cummins, Inc. for either part number 3062153 (new) or 3062153PX (remanufactured).

This procurement is restricted to Cummins Inc., which developed, tested and obtained Government approval for its design. This company owns the proprietary data, which would be needed for competitive acquisition.

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.

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 per FAR Part 15.403-1 (c) (1) (i).

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

Name: Morris A. Belleville Title: Contracting Officer Signature: Morris A. Belleville /S/ Date: 02/12/2015

PART V - Legal Concurrence

Concur:

Date: 02/13/2015