JA-SPRDL116R0156-EH5V0635EH-ManualControlValve2Mar16_Redacted.pdf

SPRDL1-16-R-0156--JA_3040015574144_AVLB_MANUAL_CONTROL_VALVE_PRON 5V0635

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

Defense Logistics Agency Land Warren

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

The 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 requirements."

PART I - Description of Item Required:

a) NOUN: MANUAL CONTROL VALVE

b) QUANTITY: 60

c) OPTION QUANTITY: 60

d) NSN: 3040-01-557-4144

e) GOVERNMENT P/N: 12326445

f) MFR P/N: 230041

g) VEHICLE SYSTEM: AVLB

h) ESTIMATED UNIT PRICE $ 22,100.00

i) ESTIMATED TOTAL VALUE: $ 1,326,000.00

j) ESTIMATED OPTION VALUE: $ 1,326,000.00

k) TOTAL VALUE: $ 2,652,000.00

l) PRON NUMBER: EH5V0635EH

m) TYPE OF FUNDS: C-AWCF (DBOF)

n) TYPE OF CONTRACT: Firm Fixed Price

o) AMC 3. Acquire, for the second or subsequent time, directly from the actual manufacturer.

p) 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. 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 above item is:

Contractor(s) Information:

PREDATOR SYSTEMS INC.

600 PSI DRIVE

BOCA RATON, FL 33431

CAGE code 0CFU1

NSN 3040-01-557-4144

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

a. Status of the Acquisition Data:

The subject item is a high standard, high demanding integrated MANUAL CONTROL VALVE used in Hydraulic/Electric Upgrade (HEU) Program, to optimize the launch system of Armored Vehicle Launched Bridge (AVLB). The listed CAGE is the Original Equipment Manufacturer (OEM). The Government does not own the Technical Data Package (TDP) for this MANUAL CONTROL VALVE. Government drawing is linked to the approved production drawing at the contractor PREDATOR SYSTEMS INC. The subject manufacturer’s part number is an approved source to buy. The Government does not have drawings that are suitable for competitive procurement. The Government does not own possible patent rights to their data that would be required to produce a competitive TDP. Additionally, Government did not fund them to prepare fully detailed TDPs after source approval. The drawing is source controlled to PREDATOR SYSTEMS INC. The technical data required to manufacture this part belongs to PREDATOR

SYSTEMS INC.

The above identified approved sources have tested and obtained Government's approval of the MANUAL CONTROL VALVE. This MANUAL CONTROL VALVE has proven to demonstrate conformance to stringent reliability, durability and maintainability for U.S. Army User requirements. As such, PREDATOR SYSTEMS INC. is the sole owner of the drawings and technical data rights and 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:

Reverse Engineering and qualifying another source does not appear to be feasible. The estimated cost based on required manpower and time to analyze, reverse engineer, detail and build with required tooling, instrumentation and materials for this item could be as much as $250K, as well as including the final TDP preparation, and result in an estimated delay of at least 12 months. The design validation and durability testing would add an additional three month delay at a cost of approximately $50K. Therefore, the total estimated time delay is approximately 15 months, at the total estimated cost of $300K for this low volume acquisition. The loss of time is unacceptable to TACOM, since the required delivery date is in June 2016 for the first 60 parts.

Therefore, there are no current or planned efforts to qualify additional sources due to the fact that there is no competitive technical data available, neither funding available, nor can TACOM afford the lost time while the ARMORED VEHICLE LAUNCHED BRIDGE (AVLB) would be Non Mission Capable (NMC).

c. Demonstration of Approved Contractor's Unique Qualifications:

PREDATOR SYSTEMS INC. is the OEM for the MANUAL CONTROL VALVE. They passed all government performance testing for this subject item. PREDATOR SYSTEMS INC. possesses the production, quality and technical capability and capacity to produce and supply subject item.

Furthermore, they have satisfactorily supplied the subject NSN on previous TACOM procurements.

PREDATOR SYSTEMS INC. has demonstrated the ability to establish and maintain the processes required to successfully produce the MANUAL CONTROL VALVE. The approved source - PREDATOR SYSTEMS INC. has produced and verified parts of this type in the past for the

ARMORED VEHICLE LAUNCHED BRIDGE.

PREDATOR SYSTEMS INC. has developed, tested, and obtained Government's approval of the MANUAL CONTROL VALVE. PREDATOR SYSTEMS INC. is the sole owner of the drawings and technical data rights; and the Government does not own rights to the proprietary TDP that would be required to produce a competitive TDP.

d. Efforts to Qualify Additional Suppliers for future procurements:

At this time, there are no current 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 testing requirements.

Currently, there has not been any expressed interest by any other sources, to become qualified sources to produce this item. Interested source(s) can obtain approval via the SOURCE APPROVAL PROGRAM, with the COMPETITION ADVOCATE OFFICE.

e. Market Research:

This item does not appear on the Competition Advocate’s Shopping List (CASL) or the Advanced Procurement Planning List (APPL). A Sources Sought Synopsis was requested on 03 FEB 2016. So far, no additional contractors have expressed an interest in this item. Only One Responsible Source and no other supplies or services will satisfy requirements. If any other Offers submit proposals, they will be evaluated. But at this time it does not appear feasible to consider another source due to the cost and time to reverse engineer and qualify the source.

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:

Title:

Signature:

Date:

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on SPRDL1 16 R 0156 as to required quantities and delivery schedules are accurate and complete.

Item Manager:

Date:

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

Name:

Team Leader:

PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request for Proposals SPRDL1 16 R 0156. It is proposed to negotiate a Firm-Fixed-Price contract with PREDATOR SYSTEMS INC.

for their part numbers 230041. The TDP and its proprietary rights are not owned by the Government and the data required to produce a competitive TDP is not currently available.

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 Fed Biz Ops, they will be evaluated by the appropriate engineering office as an alternate source.

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 and pricing data will be required for this procurement to support price reasonableness in accordance with FAR 15.400.

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

Name: Marlene J. Scheele

Title: Contracting Officer

Signature: /s/

Date: 2 Mar 16

PART V - Legal Concurrence

Concur:

4. The POC for this action is:

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: MANUAL CONTROL VALVE

b. NSN: 3040-01-557-4144

c. Basic Quantity: 60

d. Basic Estimated Value: $ 1,326,000.00

e. Option Percent: 100 %

f. Estimated Option Value: $ 1,326,000.00

g. Estimated Total Value: $ 2,652,000.00

This action will be awarded under other than full and open competition pursuant to the authority of 10 USC 2304(c)(1) and subject to the availability of funds. This approval is subject to the proviso that the property herein described has otherwise been authorized for acquisition.

Signature: