JA-EH46E466EH-SPRDL115R0160-Updated-17Nov15_Redacted-1.pdf

DEFENSE LOGISTICS AGENCY J&A: SPRDL1-15-R-0160

CMO Control Number: [Completed by Comp. Mgt. Office]

SPRDL1-15-R-0160

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: Power Supply

b. QUANTITY: 271 Ea OPTION QUANTITY: 271 Ea

c. NSN: 6130-01-518-7809

d. MPN: 12995064

e. VEHICLE SYSTEM: MM (Infantry Fighting Vehicle)

f. ESTIMATED UNIT PRICE: $1,020.26

g. ESTIMATED VALUE: $276,490.46

ESTIMATED OPTION VALUE: $276,490.46

ESTIMATED TOTAL VALUE: $552,980.92

h. PRON NUMBER: EH46E466EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm Fixed Price

ACQUISITION METHOD CODE (AMC): 3

Acquire, for the second or subsequent time, directly from the actual manufacturer.

ACQUISITION METHOD SUFFIX CODE (AMSC): 3B

This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

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(s) Name:

Ensign Power Systems Inc.

Loveland, CO Cage Code: 05ZM0

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

a. Status of the Acquisition Data: There is no technical data available to the Government at this time that can be used to support competitive purchasing of power supply 12995064.

b. Efforts to Increase Competition or Qualify a New Source in Relation to this Procurement: To date the government has not purchased the data regarding the present proprietary design by which competition of this item may be accomplished. At this time funding to purchase or develop competitive data is not available. It is estimated that to develop competitive tech data that it would take 12 months and $150,000 after which it would then take an additional $900,000 and 24 months in order to test out the technical data before it could be considered adequate for competition.

c. Demonstration of Approved Contractor's Unique Qualifications:

Ensign is presently the only contractor building to the current design the same items that are used in production vehicles which have subsequently passed all on-vehicle testing as necessary for Army use.

d. Efforts to Qualify Additional Suppliers for future procurements:

As stated in 2b above, it is not cost effective for the Government to consider competition of this spares requirement because of the lack of funding for developing competitive technical data, the length of time to qualify new technical data, and the absence of any future cost savings due to low purchase quantities.

e. Market research: Presently the Government does not have adequate technical information necessary to describe form, fit, or function as necessary by which meaningful market research can be conducted. As a result, no alternate sources have been identified. A technical evaluation/determination was made that there is no commercial equivalent to satisfy this purchase, which has to meet militarily unique environmental requirements. Interested contractors may contact the Source Approval Program through the competition advocate’s office. A Sources Sought notification was requested on 3 Dec 15.

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:

Systems Branch Chief Signature:

Date:

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH46E466EH as to required quantities and delivery schedules are accurate and complete.

Item Manager:

Date:

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:

Date:

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-15-R-0160. It is proposed to negotiate a Firm-Fixed-Price contract with Ensign Power Systems Inc., Loveland, CO Cage Code: 05ZM0 for their part number 12995064.

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. DLA Land Warren will use the appropriate acquisition procedures and price and/or cost analysis to determine that the contract price is fair and reasonable. NSN: 6130-01-518-7809 has been determined to be a non-commercial item through market research. Due to the dollar value of this procurement being less than $750,000.00, Certified Cost or Pricing Data will not be obtained. In accordance with FAR 15.403-3, Other Than Cost or Pricing Data will be acquired.

6. 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 Title: Contracting Officer Signature: /s/ Date: 1 Dec 15

PART V - Legal Concurrence

Concur:

Date: