Redacted_J A_SPRDL1-16-C-0182.pdf

SPRDL1-16-R-0133

SPRDL1-16-R-0133 1

DEFENSE LOGISTICS AGENCY

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The Defense Logistics Agency (DLA) 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: Engine Block, Diesel

b. NSN: 2815-01-432-2682

c. MPN: 3803190

d. VEHICLE SYSTEM: Bradley Fighting Vehicle

e. BASIC QUANTITY: 16

OPTION QUANTITY: 16

TOTAL QUANTITY: 32

f. ESTIMATED UNIT PRICE: $9,229.54

g. ESTIMATED VALUE (BASIC): $147,672.64

ESTIMATED VALUE (OPTION): $147,672.64

ESTIMATED TOTAL VALUE: $295,345.28

h. PRON NUMBER: EH66E891EH

i. TYPE OF FUNDS: C-AWCF (DBOF)

j. TYPE OF CONTRACT: Firm Fixed Price

ACQUISITION METHOD SUFFIX CODE (AMSC): 3

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

EXPLANATION of AMSC: H The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source(s). This code is applicable only to parts under immediate buy requirements and only for as long thereafter as the deficiency is under review for resolution and appropriate recoding.

This code is only assigned at the conclusion of limited screening, and it remains assigned until the full screening process resolves physical data questions and results in

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assignment of a different AMSC. 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 Tank-automotive and Armaments Command requires the acquisition of the above item. The only approved source for the Engine Block, Diesel is:

Contractor Name: Cummins, Inc.

Cage: 15434

MFG P/N: 3803190

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

a. Status of the Technical Data Package:

Cummins, Inc., owns all proprietary data associated with production, sustainment and services for the Engine Block, Diesel. Cummins, Inc. developed, tested, and obtained Government's approval of this item for application into the Bradley Fighting Vehicle (BFVS) at their own cost. The Government did not fund their efforts in development and qualification testing of this item. Additionally, the Government did not fund them to prepare a fully detailed Technical Data Package (TDP) after approval.

b. Efforts to Develop a Competitive Package:

Estimated cost to reverse engineer the Diesel Engine Block: $4,500,000 Estimated time to reverse engineer the Diesel Engine Block: 2.5 years

Estimated cost to perform RAM vehicle testing (5000 miles) - 1 vehicles: $750,000 Estimated time to perform RAM vehicle testing: 1 years

Estimated cost to develop a Technical Data Package: $600,000 Estimated time to develop a Technical Data Package: 1 year

The above timing and cost estimates are based on no issues arising during the development and testing phases. With the complexity of the Diesel Engine Block it is likely we will run into issues.

c. Demonstration of Approved Contractor's Unique Qualifications:

This item is a component of Cummins, Inc.’s proprietary diesel engine block. This system improves BFVS mobility by providing critical vehicle functions, thereby improving both crew and equipment performance and mobility in the conditions experienced in the battlefield. Cummins, Inc. is the only ones to develop such a system, and subsequently pass developmental and operational testing. Testing included component level testing, system level testing, live fire testing, component qualification testing, and 5,000 mile RAM testing. Cummins, Inc. has demonstrated their system is effective and reliable in providing diesel engine blocks, hence, they are designated the

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sole source for this item. This item is critical to the BFVS crews’ survivability in the battlefield.

d. Efforts to Qualify Additional Suppliers:

As addressed above Cummins, Inc. owns all technical data rights for this component and is unwilling to sell the technical data to the Government. Reverse Engineering is the only recourse the US Government could entertain.

No efforts to obtain competition for this acquisition will be taken for the reasons stated above. Complete Level III TDPs, suitable for competition, are not available for purchase. Further, there is no funding to qualify diesel engine block manufacturers or service providers for this effort. Contractors interested in producing this item can seek approval through the Source Approval Program with the Competition Advocates Office.

e. Market Survey: There is no drop-in replacement for the Engine Block, Diesel.

Extensive analysis would need to be done in order to ensure that vehicle will properly meet vehicle performance specifications.

f. Market Research: Sources Sought:

Sources Sought Notice 2016-056 has been submitted to FedBizOpps on 4 Feb 2016.

Component: Engine Block, Diesel

NSN: 2815-01-432-2682

Part Number: 3803190 End Item: Bradley Fighting Vehicle

3. The POC for this action is Josh Fritsch, 586.282.7827

4. Technical Certification:

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

Name: Carl Johnson Date: January 20, 2016 Title: Heavy Combat Vehicle Team Leader Signature: //s//

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH66E891EH as to required quantities and delivery schedules are accurate and complete.

Item Manager: Tara Bragg Date: 21 Jan 16

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

Name: Michelle Morris Date: 21 Jan 16 Title: Team Leader Signature: //s// Michelle Morris

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request for Proposals SPRDL1-16-R-0133. It is proposed to negotiate a Firm-Fixed-Price contract with Cummins Inc., for their part number 3803190. The government does not own proprietary rights to the TDP that would be required to produce a competitive TDP.

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.

4. The POC for this action is Ralph McCarthy, Office Symbol: ZGAAB, 586.282.2876.

5. Fair and Reasonable Determination: I hereby determine that the anticipated cost 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: 2815-01-432-2682 has been determined to be a commercial item through market research. Due to the dollar value not exceeding $700,000.00, other than Certified Cost or Pricing Data will not be obtained in accordance with FAR 15.403-1.

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 Date: 5 Feb 2016 Title: Contracting Officer Signature: //s//

PART V - Legal Concurrence:

Concur: // Darin R. Morency // Date: 02/05/2016