redacted_JA___SPRDL116R0188.pdf

SPRDL1-16-R-0188

SPRDL1-16-R-0188 1

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, Engine

b. BASIC QUANTITY: 261 Each

OPTION QUANITY: 261 Each TOTAL QUANTITY: 522 Each

c. NSN: 4210-01-503-1522

d. MPN: 12496705

e. VEHICLE SYSTEM: Bradley Fighting Vehicle

f. ESTIMATED UNIT PRICE: $ 1,416.43

g. ESTIMATED VALUE: $ 370,000.00

h. ESTIMATED OPTION VALUE: $ 370,000.00

i. ESTIMATED TOTAL VALUE: $ 740,000.00

i. PRON NUMBER: EH-66E877-EH

j. TYPE OF FUNDS: AWCF

k. 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 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

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

Contractor(s) Name: Kidde Technologies, Inc.

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

Part Numbers: 420866

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

a. Status of the Acquisition Data:

USG does not own the TDP for the fire bottles. Kidde is unwilling to sell the TDP.

The item described above is an item used in support of the Bradley Fighting Vehicle.

Kidde Technologies, Inc.is the Original Equipment Manufacturer (OEM) for the Engine Fire Extinguishing Assembly used in the Bradley Fighting Vehicle. Kidde Technologies, Inc.is the approved manufacturing sources for the Fire Extinguishing Assembly. 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. are the sole owners of the technical data rights for the Engine Fire Extinguishing Assembly.

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. In addition, it is unlikely costs could be recovered through subsequent competition due to the low ordering quantity requirement for this item. The Government does not possess the TDP for the Engine Fire Extinguishing Assembly. 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.

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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 Bradley FOVs. 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:

As addressed above Kidde Technologies, 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 Fire Extinguisher Assembly manufacturers or service providers for this effort.

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. Interested sources can obtain approval via the Source Approval Program with the TACOM Competition Management Office (CMO).

e. Market Research:

There is no drop-in replacement for the Fire Extinguisher Assembly, Engine.

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

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A ‘Sources Sought’ synopsis was requested on 11 March 2016 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.

Name: _____________ Title: HCV Team Leader Signature: _//Signature//___ Date: _March 11, 2016_____

[X] $650K-$11.5M Director (below)

Name: _____________________ Title: _DAD Combat Vehicle Engineering__ Signature: _//Signature//____________ Date: __11 March 2016__________________

PART III - Requirements Certification

1. Per FAR 6.303-2(b), I certify that data provided on PRON EH66E877EH as to required quantities and delivery schedules are accurate and complete.

Name: _____________, Ext 282-6474 Title: Item Manager Signature: __//s//_____________ Date: ___3/14/16_____________

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

Name: _____________ Title: NH-03 Supervisor Signature: //s// Date: 14-MARCH-2016

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PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-16-R-0188. It is proposed to negotiate a Firm-Fixed-Price contract with Kidde Technologies, Inc. for the Fire Extinguishing Assembly; their part number 12496705.

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 _____________, 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, 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: 21 Mar 2016

PART V - Legal Concurrence

Concur: // _____________//

Date: 03/22/2016

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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, Engine

b. NSN: 4210-01-503-1522

c. BASIC QUANTITY: 261 Each

OPTION QUANITY: 261 Each TOTAL QUANTITY: 522 Each

d. ESTIMATED TOTAL VALUE: $ 740,000.00

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:

Date: