Redacted_JA_Urgent_NIIN_01-247-0490_M9_Receiver_.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: DLA Land Warren

2. Description of Action: This action is for the procurement of 3,500 each M9 Pistol Receiver with Bushings, NSN: 1005-01-247-0490, P/N: 9346481. A new firm-fixed price contract award is anticipated to be awarded to Beretta Defense Technology; the estimated value of this procurement is $532,875.00. This procurement will be funded with Army Working Capital Funds.

3. Description of Supplies/Services: This action is for the procurement of 3,500 each M9 Pistol Receiver with Bushings, NSN: 1005-01-247-0490, P/N: 9346481. The Receivers with Bushings are a necessary component during the overhaul of the M9 Pistol at Anniston Army Depot.

4. Authority Cited: The statutory authority permitting acquisition of these services by other than full and open competition is 41 USC 3304(a)(2), “Unusual and Compelling Urgency,” as implemented by FAR 6.302-2(a)(2).

5. Reason for Authority Cited: FAR 6.302-2 is deemed applicable for this requirement because increased demands for this item have resulted in rapid depletion of TACOM’s stock level. Failure to expedite replenishment of stock levels will result in a line stoppage of the M9 overhaul program at Anniston Army Depot, delaying the inventory available to the soldiers in the field awaiting overhauled M9 Pistols. With the current Depot Overhaul Factor of 50%, Anniston Army Depot will be out of Receivers in mid- November of 2015. Current contractor experienced repeated delays in passing First Article Test (FAT), which has led to protracted delays in deliveries.

The Integrated Logistics Support Center (ILSC) for the Army has an urgent requirement for delivery of receivers beginning November 2015. An urgent need of 3,500 Receivers with Bushings is required based on the current inventory posture and delivery delays from current contractor due to extended delay in FAT; this has affected TACOM’s ability to support the RESET repair program for M9 Pistols. Dependent demands to support Depot overhaul programs are approximately 400 each per month. TACOM currently has enough stock on hand to support the M9 overhaul program through mid-November 2015.

In addition to the dependent demands, TACOM has been informed by DA G8 that as the Depot overhaul program is the only source of supply for M9 pistols, the overhaul program must be set at maximum sustainable levels. This level has been determined by the Depot to be 800 each per month. Attached to this J&A is a spreadsheet that substantiates the requirement for 3,500 receivers to support this requirement even if the revised delivery schedule proposed by the current contractor is adhered to by them.

The reason for the maximum effort to produce M9 pistols by the Depot is to support the authorized Army mandate to provide from 12,000 to 17,000 M9 pistols to support off post arming of recruiting stations and other facilities. Currently the Army has only 6,541 serviceable M9 pistols in stock.

M9 J&A Receivers Oct15.xlsx

6. Efforts to Obtain Competition: Pursuant to FAR 5.202(a)(2), this proposed action will be made under the conditions described in FAR 6.302-2, and the agency will be seriously injured if the agency complies with the time periods specified in FAR 5.203.

Therefore, this action will not be synopsized in Federal Business Opportunities (FedBizOpps).

7. Actions to Increase Competition: The urgency of this requirement prevents any additional action to increase competition for this procurement. A competitive solicitation to support the Receiver with Bushing requirements beyond the quantity of the urgent procurement is in place but the contractor took an extended amount of time to pass the First Article Test and has resulted in a significant delay in deliveries. This procurement represents the minimum requirement to replenish these backorders.

8. Market Research: Computer based market research yielded no vendors, other than Beretta, who are or could be positioned to provide the required items with delivery starting November 2015. The Contract Specialist found that while there appeared to be several manufacturers of receivers for the M9 Pistol, only Beretta has produced these items in support of a Government contract and therefore would not have to complete a First Article Test. Furthermore, both WebFLIS and Haystack indicate that Beretta is the only manufacturer that has produced this NSN for the Government to date. A search for the NSN also indicates that only Beretta is currently manufacturing this NSN. Based on the above market research, the Government has determined that Beretta is the only manufacturer that can meet the short suspense, aggressive delivery demands, and quality specifications of this requirement.

9. Interested Sources: Pursuant to FAR 5.202(a)(2), the proposed action will be made under the conditions described in FAR 6.302-2 and is exempt from the requirements of synopsis described in FAR 5.203. Therefore, this action will not be synopsized in FedBizOpps.

10. Other Factors:

a. Procurement History/Background

ContractW52H09-05-D-0296 Contractor: Beretta USA Corp.

Notes: Deliveries complete

Contract: SPRDL1-12-C-0014 Contractor: Beretta USA Corp.

Notes: Deliveries Complete

Contract: SPRDL1-15-C-0024 Contractor: Beretta USA Corp.

Notes: Deliveries Complete

Contract: SPRDL1-15-C-0101 Contractor: Beretta USA Corp.

Notes: Deliveries Complete

Contract: SPRDL1-12-D-0027 Contractor: Connectec Company, Inc.

Notes: Awaiting shipments; to begin February 2016

b. Acquisition Data Availability: The Government owns a fully developed technical data package (TDP) Receiver and Bushings. The Government TDP will be used for this procurement

c. Unusual and Compelling Urgency. Anniston Army Depot is at a critical shortage of Receivers and Bushings to cover the current M9 overhaul programs. The current contract deliveries have been delayed. This emergency buy is to try to avoid a line stoppage and keep deliveries to the soldier of overhauled M9s. The current urgent requirement for 3,500 each Receiver and Bushings is needed as soon as possible to support requirements until the current contractor can begin deliveries. Beretta has the capability to provide quick deliveries of this item, with a PLT of 30 days.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: __Jeff Windham_ Date: __5-Nov-2015______ Title: _Ch Small Cal Sys Br Signature: _/signed/_ __

12. Requirement Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: __Wayne Schaaf______ Date: 5 Nov 2015________

Title: _ Director, Weapons PSID Signature: _//s// Wayne J. Schaaf_____

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on price history and price analysis. In accordance with FAR 15.403-1(b)(3), Certified Cost or Pricing Data will not be required because this is a procurement of a commercial item.

Name: _Jeffrey Hoenscheid ____ Date: __8 November 2015 _______

Title: _Contracting Officer ____ Signature: __//JJH//_____________

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: __Jeffrey Hoenscheid________ Date: __8 November 2015________

Title: _Contracting Officer ____ Signature: ___//JJH//_____________

15. Legal Concurrence

Concur: // Darin R. Morency // Date: 11/12/2015