DLA0705.pdf

DEFENSE LOGISTICS AGENCY J&A: SPRDL1-15-R-0176

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

SPRDL1-15-R-0176

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(s) Required:

a. NOUN: BACKPLANE ASSEMBLY

b. QUANTITY: 33

OPTION QUANTITY: 33

c. NSN: 5998-01-463-7161

d. MPN: 12388844-2

e. VEHICLE SYSTEM: JE - Tank, M1 Abrams Family of Vehicles

f. ESTIMATED UNIT PRICE: $ 2,709.45

g. ESTIMATED VALUE: $ 89,411.85

ESTIMATED OPTION VALUE: $ 89,411.85

ESTIMATED TOTAL VALUE: $ 178,823.70

h. PRON NUMBER: EH56E024EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm Fixed Price

k. ACQUISITION METHOD CODE (AMC): 4 - Acquire, for the first time, directly from the actual manufacturer.

l. ACQUISTION METHOD SUFFIX CODE (AMSC): B - 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

PART II - Technical Information and Certification

1. The US Army TACOM Life Cycle Management Command (TACOM LCMC) requires the acquisition of the above item. The only approved source(s) for the above item is (are):

a. Contractor(s) Name: GENERAL DYNAMICS TALLAHASSEE

OPERATIONS

Cage: 0HGX3 Part Number: 12388844-2

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 (BACKPLANE ASSEMBLY, Manufacturer part number 12388844-2) belongs to GENERAL DYNAMICS TALLAHASSEE OPERATIONS.

The above identified approved source developed, tested and obtained the Government's approval of this item 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 detailed TDPs after approval. As such, GENERAL DYNAMICS TALLAHASSEE OPERATIONS 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.

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 Governments requirements.

c. Demonstration of Approved Contractor's Unique Qualifications:

The approved source, i.e., GENERAL DYNAMICS TALLAHASSEE OPERATIONS 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 GENERAL DYNAMICS TALLAHASSEE OPERATIONS has the requisite technical and engineering expertise to perform all efforts required to provide the supplies and services identified in this J & A. GENERAL DYNAMICS TALLAHASSEE OPERATIONS 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) 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 06 APRIL 2015 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.

A Sources Sought Notice was issued on 16 April 2015. No responses have been received to date.

3. POC for this action is William Levin (ext. 5638) Electrical, Electronics and Special Equipment (EESE), Product Lifecycle Engineering (PLE).

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

The item BACKPLANE ASSEMBLY does appear does not X

The item BACKPLANE ASSEMBLY does appear does not X

Name: Katrina Prantzalos Date: 06 APRIL 2015

Title: Electrical Engineer Signature: //Signed//

Name: Fred Krestik Date: 06 APRIL 2015

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 EH56E024EH, as to required quantities and delivery schedules are accurate and complete.

Name: Mickey Christopher Date: 10 APRIL 2015

Title: Item Manager Signature: //Signed//

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

Name: Shannon Fields Date: 10 APRIL 2015

Title: Team leader Signature: //Signed//

Name: Todd Hawotte Date: 10 APRIL 2015

Title: Supervisor Signature: //Signed//

PART IV - Contracting Information

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

SPRDL1-15-R-0176. It is proposed to negotiate a Firm-Fixed-Price contract with GENERAL DYNAMICS TALLAHASSEE OPERATIONS for their part number 12388844-2. GENERAL DYNAMICS TALLAHASSEE OPERATIONS 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(s), every effort will be made to obtain potential sources by synopsis in Fed Biz Ops (FBO).

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 FBO synopsis, they will be evaluated by the appropriate engineering office as an alternate source.

4. The POC for this action is Kimberly Stansbury, OFFICE SYMBOL: ZGAAA, Ext. 586- 282-3165.

5. 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. 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 w/ 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: Morris Belleville Date: 04/20/2015

Title: Contracting Officer

Signature: Morris A. Belleville /S/

PART V - Legal Concurrence:

Concur: // Darin R. Morency // Date: 04/21/2015 ____________________________________________________________________________________________________________ _____________________________________________________________