Redacted_JA_.pdf

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

SPRDL1-15-R-0423

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: Connecting Rod, Piston

b. QUANTITY: 75 ea.

OPTION QUANTITY: 75

c. NSN: 2815-01-422-4201

d. MPN: 8E9AR104-0290

e. VEHICLE SYSTEM: M88A2

f. ESTIMATED UNIT PRICE: $1300.00

g. ESTIMATED VALUE: $ 97,500.00

ESTIMATED OPTION VALUE: $ 97,500.00

ESTIMATED TOTAL VALUE: $ 195,000.00

h. PRON NUMBER: EH-56E278-EH

i. TYPE OF FUNDS: AWCF

j. TYPE OF CONTRACT: Firm Fixed Price

PART II - Technical Information and Certification

1. The US Army Tank-automotive and Armaments Command requires the acquisition of the above item. The only approved source(s) for the above item is (are):

a. Contractor(s) Name: L-3 Communications Corporation, Muskegon, MI Cage: 02978 Part Number: 8E9AR104-0290

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

a. Status of the Technical Data Package: Item to be procured, referred to as a non-developmental item, is a spare part of a Government vehicle system. It was developed for the prime contractor by an independent contractor during the vehicle development program. The Government chose not to fund the cost of procuring design rights and fully defined drawings, therefore, the Government is not entitled to this information. The proprietary rights are not owned by the Government and as such, the data required to produce a competitive TDP is not available.

b. Efforts to Develop a Competitive Package (i.e. Cost Analysis): The item drawing has not been revised to a fully defined format to support full and open competition due to its unique aspects and non-developmental status. Funding has not been allocated for this effort and the effort itself would force delivery delays of up to 42 months. The delays in delivery would be associated with request and allocation of AWCF for the reverse engineering effort (6 mos.), development testing and analysis (24 mos.), supplementary type classification information (3 mos.), and follow-on production testing (9 mos.). These delays would prohibit delivery of the items to be procured in a time frame that would meet the Government's requirements.

c. Demonstration of Approved Contractor's Unique Qualifications: The item to be procured is a critical component of a highly specialized engine assembly which operates in a unique military weapons system. The approved source of the item to be procured has demonstrated the ability to establish and maintain the processing required to produce the item to be procured. In addition, the approved source’s item has met the NATO requirement for successful completion of NATO Laboratory Test for Diesel and Spark Ignition Engines AEP-5, Allied Engineering Publication while operating in an AVDS1790-8CR engine or equivalent. This test is required for components which are critical for engine/vehicle operation.

d. Efforts to Qualify Additional Suppliers: Due to the critical nature of this item, the TDP requires that the item meet the NATO requirement for successful completion of NATO Laboratory Test for Diesel and Spark Ignition Engines AEP-5, Allied Engineering Publication while operating in an AVDS1790-8CR engine or equivalent. This requirement must be accomplished prior to contract award. The amount of time required to complete the above requirement related to the assembly of an engine with the supplier’s item, operational testing of the supplier’s item in the engine and engine disassembly and examination of the supplier’s item would cause unacceptable delays (12 months) in fulfilling the agency's requirements. A new source would also require a tooling adjustment and the development of new and extensive processing procedures would result in additional delays of up to 12 months. An award to any other source would also cause a substantial duplication of costs (estimated at $1.0 Mil) to the Government not expected to be recovered through competition. In addition, qualifying a new source would require an expenditure of funding that is not presently available for such activity. The combination of the qualification test delays, the delays associated with tool adjustment and development of new processing procedures, and the lack of available funding necessary to conduct the required testing, would prohibit delivery of the item to be procured in a time frame that would meet the Government's requirements. Therefore, no efforts have or are being taken to qualify additional sources of supply at this time for the item to be procured.

e. Market Research:

This item "CONNECTING ROD, PISTON" P/N 8E9AR104-0290 appears on the Competition Advocate Shopping List (CASL), dated 17 July 2015.Vendors interested in competing on any items 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 Jamey Gutierrez on 17 July 2015 by reviewing vendor catalogs and available 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 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.

On 02 September 2015, A Sources Sought Synopsis was issued. To date, no additional contractors have expressed an interest in this item.

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: _______________ Date: 17 July 2015 Title: Mechanical Engineer Signature: _____________//Signed //_______

Name: _______________ Date: 17 July 2015 Title: Team Leader – HCV Signature: _____//Signed//________________

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH56E278EH as to required quantities and delivery schedules are accurate and complete.

Item Manager: ________________ ___

Date: ___21 July 2015____

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

Name: ________________ __________ Date: ____7/21/2015__________ Title:_Team Leader, M88A1___________ Signature: __/s/ _______________ ______ PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL115R0423. It is proposed to negotiate a Firm-Fixed-Price contract with L-3 Communications Corporation or their distributors for their part number 8E9AR104-0290.

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: ZGAAB, Ext. 586- 282-3160.

5. 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: Karen Kaczorowski Title: Contracting Officer Signature: //s// Date: 2 Sep 2015 PART V - Legal Concurrence

Concur: // _______________ // Date: 09/03/2015