Redacted_JA_SPRDL1-17-D-0051pdf.pdf

SPRDL1-17-R-0007

SPRDL1-17-R-0007 2

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 Pump, Fuel is:

Contractor(s) Name: Cummins, Inc.

500 Jackson St.

Columbus, IN 47201-6258 Cage Code: 15434 Part Numbers: 3088368

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 Pump, Fuel. Cummins, Inc. is unwilling to sell the TDP.

The item described above is an item used in support of the Bradley Fighting Vehicle. Cummins, Inc. is the Original Equipment Manufacturer (OEM) for the Pump, Fuel used in the Bradley Fighting Vehicle. Cummins, Inc. is the approved manufacturing source for the Pump, Fuel. The Government did not fund Cummins, Inc. in the development or testing of the Pump, Fuel currently installed on the Bradley FOVs. The Government did not fund or own any data, the technical data package (TDP), or patent rights for the Cummins, Inc. Pump, Fuel. Therefore, the Government does not have the patent rights to their data that would be required to produce a competitive TDP. Cummins, Inc. are the sole owners of the technical data rights for the Pump, Fuel.

(b) Efforts to Increase Competition or Qualify a New Source in Relation to this Procurement:

(1) 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 Pump, Fuel. Through our previous experience, we estimate that the cost to develop a competitive procurement package for the Pump, Fuel through reverse engineering could run as high as $1M and could require an estimated delay of at least 12 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.

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 18 months.

(2) The Government estimates the cost to develop a competitive procurement package for the Pump, Fuel through reverse engineering with a contractor unfamiliar with the item could run as high as $1.5M and could require an estimated delay of at least 12 months.

Fabrication of reverse engineered prototypes would take as long as 8 months with a cost up to $1M. Testing and qualification would require at least another 12 months and up to an

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additional $1M in costs. Note: These costs and timing listed in the above paragraphs are engineering estimates and may not reflect the total actual costs associated with these activities.

(c) Demonstration of Approved Contractor's Unique Qualifications:

The Pump, Fuel manufactured by Cummins, Inc. has the proper form, fit, and function needed for the Bradley FOVs. Cummins, Inc. has demonstrated the unique and proven manufacturing capabilities to maintain the processing control required to repetitively produce the Pump, Fuel. They also did the 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.

(d) Efforts to Qualify Additional Suppliers for future procurements:

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

Pump, Fuel appears on the Competition Advocate Shopping List dated March 8, 2016.

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.

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PART IV - Contracting Information

1. Description of Action: The required item will be solicited on Request For Proposals SPRDL1-17- R-0007. It is proposed to negotiate a Firm-Fixed-Price contract with Cummins, Inc. for the Pump, Fuel; their part number 3088368. Cummins is the sole owner of their drawings and technical data rights. 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. 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 .

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: 2910- 01-432-0373 has been determined to be a commercial item through market research. 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: 4 Oct 2016

PART V - Legal Concurrence

Concur:

Date: