Redacted_JA_SPRDL115R0400.pdf

SPRDL1-15-R-0400

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

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The United States Defense Logistics Agency - 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 Agency Requirements."

PART I - Description of Item Required:

a. NOUN: Fire Extinguisher Assembly

b. BASIC QUANTITY: 274 Each

OPTION QUANITY: 274 Each TOTAL QUANTITY: 548 Each

c. NSN: 4210-01-621-9540

d. MPN: 475886

e. VEHICLE SYSTEM: Stryker FOV

f. ESTIMATED UNIT PRICE: $ 1,398.56

g. ESTIMATED VALUE: $ 383,205.44

h. ESTIMATED OPTION VALUE: $ 383,205.44

i. ESTIMATED TOTAL VALUE: $ 766,410.88

i. PRON NUMBER: EH-5T1434-EH

j. TYPE OF FUNDS: AWCF

k. TYPE OF CONTRACT: Firm Fixed Price

l. AMC/AMSC: 4H

PART II - Technical Information and Certification

1. TACOM Lifecycle Management Command (LCMC) requires the acquisition of the above item. The only approved source for the above Fire Extinguisher Bottles is:

Contractor(s) Name: Kidde Technologies, Inc.

4200 Airport Drive NW Wilson, NC 27896 Cage Code: 05BU0

Part Numbers: 475886

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

a. Status of the Acquisition Data:

The US Government (USG) does not own the Technical Data Package (TDP) for the fire bottles. Kidde is unwilling to sell the technical data, which consists of an interface control drawing (ICD) but Kidde Technologies, Inc.

will not sell the TDP. The item described above is an item used in support of the Stryker FOVs. Kidde Technologies, Inc.is the Original Equipment Manufacturer (OEM) for the Fire Extinguishing Assembly used in the Stryker Family of Vehicles (FOV’s). Kidde Technologies, Inc.is the approved manufacturing source for the Fire Extinguishing Assembly. Kidde Technologies, Inc. fire extinguishing system has been approved for use by General Dynamics Land Systems for the Stryker FOV, and has been proven to meet the performance specification of the Stryker FOVs. The Government did not fund Kidde Technologies, Inc. in the development or testing of the automatic fire extinguishing system currently installed on the FOVs. The Government did not fund or own any data, the technical data package (TDP), or patent rights for the Kidde Technologies, Inc.

extinguishing system. Therefore, the Government does not have the patent rights to their data that would be required to produce a competitive TDP. Kidde Technologies, Inc. is the sole owner of the technical data rights for the Fire Extinguishing Assemblies.

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

There are currently no plans to acquire a competitive TDP due to lack of funds that would be needed to acquire the data in order to support a competitive acquisition. Kidde is unwilling to sell its technical data. In addition, it is unlikely costs could be recovered through subsequent competition due to the low ordering quantity requirements for this item.

The Government does not possess the TDP for the Fire Extinguishing Assembly. Efforts to procure a TDP for the item would not be cost effective, as estimates to procure a TDP package from the contractor would be in excess of $3 million with a delay of 30 months. Through our previous experience, we estimate that the cost to develop a competitive procurement package for the Fire Extinguishing Assembly through reverse engineering could run as high as $3 million and could require an estimated delay of at least 48 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 it would take to qualify another source. Qualification and durability testing would be required to prove out this item if manufactured by a new source at an estimated cost of an additional $1M and a delay of 12 months.

The Government estimates the cost to develop a competitive procurement package for the Fire Extinguishing Assembly through reverse engineering with a contractor unfamiliar with the item could run as high as $5 million and could require an estimated delay of at least 36 months. Fabrication of reverse engineered prototypes would take as long as 24 months with a cost up to $1.2 million. Testing and qualification would require at least another 18 months and up to an additional $1 million in costs.

c. Demonstration of Approved Contractor's Unique Qualifications:

The Fire Extinguishing Assembly manufactured Kidde Technologies, Inc.

has the proper form, fit, and function needed for the Stryker FOVs. Kidde Kidde Technologies, Inc. has demonstrated the unique and proven manufacturing capabilities to maintain the processing control required to repetitively produce the Fire Extinguishing Assembly. They also did the laboratory tests to qualify their product. If another possible source of supply for this item were identified, qualification testing would be required to prove out the item. Without performing qualification testing, the government risks total vehicle loss in case of a fire for this item.

d. Efforts to Qualify Additional Suppliers for future procurements:

There are no vendors currently in the process of being qualified at this time.

There are no current or planned efforts to qualify any additional sources for the reasons listed above, including the fact that there is no funding for this effort. The Government would not be able to conduct reverse engineering efforts at this time. The Government would not be able to recover, through subsequent competition, the additional costs involved in either procuring the proprietary data or reverse engineering the item to create a competitive package. Although this procurement will be restricted to the above source, every effort will be made to obtain potential sources by posting to the TACOM Procnet website, and by synopsis through FedBizOpps. Any supplier who can provide the item referenced in this J&A, in the quantities required by this contract and certification from Kidde Technologies, Inc. as being compliant and interchangeable with the original design may bid on this solicitation. Interested sources can obtain approval via the Source Approval Program with the TACOM Competition Management Office

(CMO).

e. Market Research:

This item does not appear on the Advanced Procurement Planning List (APPL) dated 03 June 2015, although it does appear on the Competition Advocates Shopping List (CASL) dated 03 June 2015. The APPL and CASL contain items that have an approved Technical Data Package (TDP) and a competitive pool of vendors capable of manufacturing and producing the parts according to the form, fit, and function identified in the TDP.

Although the APPL and CASL are developed to highlight TACOM's competitive requirements, it may contain items that are difficult to procure because of stringent manufacturing and testing requirements called for by the TDP, however, because of such stringent requirements for those competitive parts, the availability of competitive vendors who can supply the parts became very limited. Interested contractors can contact the Competition Management Office for assistance. A ‘Sources Sought’ synopsis was requested on 19 Aug 2015 during the processing of this PRON. Interested contractors can contact the CMO for assistance at TACOM-Warren Business Opportunities website under the Future and Potential Buys Link. To date, no additional contractors have expressed an interest in these items.

3. The POC for this action: _______________, Engineer, Ext.

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

[X] $650K-$11.5M Director Name: _______________ Title: Engineer Signature: //signed// Date: 6/15/2015

Name: _______________ Title: Director, Stryker Engineering Division Signature: //signed// Date: 4 August 2015

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH5T1434EH as to required quantities and delivery schedules are accurate and complete.

Item Manager: _______________, Ext _______________ Date: 8/5/2015

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

Name: _______________ Title: Logistics Management Specialist Team Leader Signature: //s//_______________ Date: 8-5-15

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-15-R-0400. It is proposed to negotiate a Firm-Fixed-

Price contract with Kidde Technologies, Inc. for the Fire Extinguishing Assembly; their part number 475886.

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 would be evaluated by the appropriate engineering office as an alternate source.

4. The POC for this action is _______________, OFFICE SYMBOL:

ZGAAB, Phone: _______________.

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. Certified cost & pricing data will NOT be required per FAR 15.403-1(b)3, since this is a Commercial Item. Other than cost or pricing data will be obtained to support a determination of price reasonableness.

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

Name: Karen Kaczorowski Title: Contracting Officer Signature: //s// Date: 20 Aug 2015 PART V - Legal Concurrence

Concur : // _______________ //

Date: August 20, 2015

PART VI - Approval Authority for Acquisitions Equal to or Greater Than $650,000.

APPROVAL OF JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

Based on the foregoing Justification, I hereby approve the procurement of the following:

a. Noun: Fire Extinguisher Assembly

b. NSN: 4210-01-621-9540

c. BASIC QUANTITY: 274 Each

OPTION QUANITY: 274 Each TOTAL QUANTITY: 548 Each

d. ESTIMATED TOTAL VALUE: $ 766,410.88